sifornia 
pnal 

lity 


. 
* 


UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


SCHOOL  OF  LAW 
LIBRARY 


LAWS 


OF  HIS  MAJESTY 


KAMEHAMEHA  IV., 


KING  OF  THE  HAWAIIAN  ISLANDS, 


PASSED  BY  THE 


NOBLES  AND  REPRESENTATIVES, 


AT  THEIR  SESSION, 


1855. 


HONOLULU: 

PRINTED  BY  ORDER  OF  THE  GOVERNMENT. 
1855. 


SESSION  LAWS, 


AN  ACT 

APPROPRIATING  MONEY  FOR  THE  LEGISLATURE  OF  1855. 
BE  IT  ENACTED  by  the  King,  the  Nobles  and  Representatives,  of  the  Ha- 
waiian Islands  in  Legislative  Council  assembled: 

SECTION  1.  There  shall  be  set  apart  by  His  Majesty's  Minister  of 
Finance,  out  of  the  money  in  the  Treasury,  the  sum  of  eight  thousand 
dollars,  for  the  expenses  of  the  two  Houses  of  the  Legislature,  with- 
out waiting  for  the  general  Appropriation  Bill  of  this  year. 

SECTion  2.  The  House  of  Nobles  and  the  House  of  Representatives 
shall  be  at  liberty  to  draw  on  the  Minister  of  Finance,  at  their  discre- 
tion, for  any  sums  of  money,  within  the  amount  above  specified,  to 
meet  their  expenses.  It 

Approved  April  2lst,  1855. 

KAMEHAMEHA. 

VICTORIA  K.  KAAHUMANU. 


RELATING  TO  PORT  OF  HILO.  SESS. 


AN  ACT 
RELATING  TO  THE  PORT  OF  HILO. 

BE  IT  ENACTED  by  the  King,  the  Nobles  and  the  Representatives  of  the 
Hawaiian  Islands,  in  Legislative  Council  assembled: 

That,  from  and  after  the  passage  of  this  act,  the  same  privileges  in 
regard  to  the  shipping  of  native  seamen,  and  to  the  discharge  of  For- 
eign and  native  seamen,  that  now  are  or  may  hereafter,  be  conferred 
by  law,  on  the  Ports  of  Honolulu  in  the  Island  of  Oahu,  and  Lahaina 
in  the  Island  of  Maui,  be,  and  the  same  are  hereby  conferred  likewise 
on  the  port  of  Hilo  in  the  Island  of  Hawaii. 
Approved  this  <28th  day  of  April,  1855. 

KAMEHAMEHA. 
VICTORIA  K.  K  A  AHUM  AM;  . 


TO  PROVIDE  A   POLICE  COCRT  FOR  HILO. 


AN-  ACT 

TO  PROVIDE  A  POLICE  COURT  FOR  THE  PORT  OF  HILO. 
BE  IT  ENACTED  by  the  King,  the  Nobles  and  Representatives  of  the  Ha- 
waiian Islands,  in  Legislative  Council  assembled: 

SECTION  1.  One  of  the  District  Justices  for  the  District  of  Hilo  Isl- 
and of  Hawaii,  shall  be  Police  Justice  for  the  Port  of  Hilo,  with  the 
same  powers  and  jurisdiction  which  now  are,  or  may  hereafter  be  con- 
ferred by  law  upon  the  Police  Justices  of  Honolulu  and  Lahaina. 

SECTION  2.  The  Police  Justice  of  Hilo  shall  be  appointed  in  the 
same  manner  as  the  Police  Justices  of  Honolulu  and  Lahaina. 

SECTION  3.  This  act  shall  take  effect  and  become  a  law  from  and 
after  the  date  of  its  passage. 

Approved  this  3d  day  of  May,  1855. 

KAMEHAMKHA. 

VICTORIA  K.  KAAUUMA.NU. 


RELATING  TO  THE  CENSUS.  SESS. 


AN  ACT 

RELATING  TO  THE  CENSUS. 

BE  IT  ENACTED  by  the  King,  the  Nobles  and  Representatives  of  the  Ha- 
waiian Islands,  in  Legislative  Council  assembled: 

SECTION  1.  The  act  entitled  "  an  Act  in  regard  to  the  Census,"  and' 
approved  by  the  King  on  the  llth  July,  1851,  is  hereby  repealed. 

SECTION  2.  This  act  shall  take  effect  and  become  a  law,  on  the  day 
of  its  approval  by  the  King. 

Approved  this  7th  day  of  May,  1855. 

KAMEHAMEHA. 
VICTORIA  K.  KAAHUMANU. 


1855.  T0  INCORPORATE  THE  SAILOR'S  HOME  SOCIKTV. 


AN  ACT 

TO  INCORPORATE  THE  HONOLULU  SAILORS'  HOME  SOCIETY. 
WHEREAS,  an  association  was  formed  on  the  20th  of  November  1854, 
in  the  City  of  Honolulu,  under  the  name  of  "  the  Honolulu  Sailors' 
Home  Society,"  for  the  purpose  of  improving  the  social,  moral  and 
religious  condition  of  seamen,  resorting  to  this  port,  by  the  estab- 
lishment and  maintenance  of  a  Home  of  good  character,  from  which 
all  intoxicating  liquors  shall  be  excluded,  and  by  such  other  means 
as  shall  be  deemed  proper,  and  whereas  the  said  association  have 
petitioned  for  an  act  of  incorporation  in  order  more  fully  to  effect 
the  purpose.  Therefore: 

BE  IT  ENACTED  by  the  King,  the  Wobles  and  Representatives  of  the  Ha- 
waiian Islands  in  Legislative  Council  assembled: 

SECTION  1.  That  Elisha  H.  Allen,  Richard  Armstrong,  Ichabod 
Bartlett,  Chas.  H.  Butler,  Wm.  St.  Maur  Bingham,  Samuel  N.  Cas- 
tle, Samuel  C.  Damon,  John  li,  Geo.  B.  C.  Ingraham,  Wm.  H.  John- 
son, Gerrit  P.  Judd,  Wm.  L.  Lee,  George  M.  Robertson,  Thomas 
Spencer,  J.  T.  Waterhouse,  H.  M.  Whitney,  H.  I.  H.  Holdsworth, 
and  J.  E.  Chamberlain,  and  their  associates  and  successors,  be  and 
are  hereby  incorporated,  and  made  a  body  politic,  under  the  name  of 
"  the  Honolulu  Sailors'  Home  Society,"  and  by  that  name  may  sue 
and  be  sued,  plead  and  be%impleaded,  appear,  prosecute  and  defend  to 
final  judgement  and  execution;  and  in  their  said  corporate  "capacity, 
they  and  their  associates  and  successors  forever,  may  take,  receive, 
have  and  hold  in  fee  simple  or  otherwise,  lands,  tenements  and  hered- 
itaments, by  gift  grant  or  otherwise,  and  may  also  take  and  hold  by 
donation,  bequest  or  otherwise*,  personal  estate,  and  the  said  real  or 
personal  estate  shall  be  faithfully  appropriated  to  the  purpose  and  ob~ 
ject  of  establishing  and  maintaining  a  Sailor's  Home  as  aforesaid,  and 
not  otherwise ;  and  the  said  corporation  may  have  a  common  seal, 
which  they  may  alter  or  renew  at  pleasure. 

SECTION  2.  Any  person  contributing  one  dollar  annually,  shall  be 
a  member,  arid  by  the  payment  of  fifty  dollars  shall  be  a  life  member. 


g  TO  INCORPORATE  THF,  SAILOR'S  HOME  SOCIETY.  SESS. 

SECTION  3.  The  control  and  disposal  of  the  funds,  property  and  Es- 
tate of  the  Society,  and  the  direction  of  all  its  concerns  shall  be  vest- 
ed in  a  board  of  trustees,  consisting  of  eighteen  persons  residing  in 
Honolulu,  who  shall  be  chosen  by  the  members  of  the  society  at  its 
annual  meeting,  and  the  Trustees  last  chosen  shall  hold  their  offices 
until  their  successors  are  chosen,  ten  of  whom  shall  be  a  quorum  at 
any  meeting  regularly  convened.  The  Board  of  Trustees  shall  be 
divided  into  three  classes,  of  six  each.  One  class  shall  go  out  at  the 
end  of  each  year,  but  shall  be  re-eligible.  The  said  Board  shall  have 
power  to  elect  from  their  own  number  a  President,  Vice  President, 
Treasurer,  Secretary  and  Executive  Committee  of  three,  and  to  ap- 
point such  other  Committees  as  shall  from  time  to  time  be  deemed 
necessary.  The  Board  shall  also  have  power  to  fill  vacancies  in  its 
own  body,  occasioned  by  resignation,  death  or  any  other  circumstance. 
At  the  annual  election  the  twelve  Trustess  remaining,  shall  have 
power  to  nominate  twelve  candidates,  from  whom  six  may  be  elected 
hy  the  Society  to  fill  up  the  Board,  and  the  present  officer*  of  said 
Board,  shall  continue  in  office  until  their  successors  are  elected. 

SECTION  4.  The  Board  of  Trustees  shall  have  power  to  appoint 
their  own  meetings,  form  their  qwn  rules  of  business,  and  employ  such 
other  means  for  accomplishing  the  object  of  the  Society,  as  in  their 
judgement,  its  exigencies  may  require,  keeping  regular  minutes  of 
their  proceedings. 

SECTION  5.  The  conveyance  of  any  Real  Estate,  or  a  lease  thereof, 
may  be  made  with  the  concurrence  of  two  thirds  of  the  Trustees  pres- 
ent at  any  meeting  duly  called. 

SECTION  6.  The  property  of  the  Society  is  alone  liable  for  the  pay- 
ment of  its  debts  and  liabilities,  it  being  hereby  expressly  declared 
that  no  personal  liability  is  incurred  by  its  members. 

SECTION  7.  All  contracts  and  deeds  which  the  said  Board  of  Trus- 
tees may  lawfully  make  and  execute,  signed  by  their  President  and 
countersigned  by  their  Treasurer,  and  sealed  with  the  common  seal 
of  said  corporation,  shall  be  valid  in  law  to  all  intents  and  purposes. 
SECTION  8.  This  act  shall  take  effect  from  and  after  the  day  of  its 
passage. 

^prorfd,  thix  7lh  day  of  May,  1855. 

KAMKHAMEHA. 
VICTORIA  K.  KAAHTMANI;. 


1Q55.  DEPARTMENT  OF  PUBLIC  INSTRUCTION. 


AX  ACT 

TO  REMODEL  THE  DEPARTMENT  OF  PUBLIC  INSTRUCTION. 

BE  IT  E.VACTED  by  the  King,  the  Nohles  anil  Representatives  oj  the  Ha- 
waiian Islands  in  Legislative  Council  assembled: 

SECTION  1.  It  shall  be  lawful  for  His  Majesty  the  King,  to  abolish 
the  office  of  Minister  of  Public  Instruction,  and  appoint  and  commis- 
sion a  board  of  Education,  consisting  of  a  President  and  two  Direct- 
ors, to  hold  office  during  the  King's  pleasure,  which  board  shall  have 
the  entire  charge  and  control  of  the  Department  of  Public  Instruction, 
shall  superintend  the  execution  of  all  the  laws  relating  thereto,  and 
said  President  by  and  with  the  advice  of  said  Directors,  shall  dis- 
charge the  several  duties  heretofore  imposed  upon  said  Minister. 

SECTION  2.  All  the  members  of  the  board  aforesaid  shall  reside  at 
the  seat  of  the  Hawaiian  Government,  it  shall  have  the  power  to  make 
its  own  by-laws,  not  in  contravention  of  the  laws  of  this  Kingdom, 

•'  O 

shall  keep  regular  records  of  its  proceedings  and  the  President  shall 
make  a  full  report  of  the  business  and  transactions  of  the  Department 
to  the  Legislature  of  each  year,  through  the  Minister  of  the' Interior. 

SECTION  3.  The  President  aforesaid  shall  keep  an  office  or  place 
of  business  at  the  seat  of  government,  shall  sign  all  official  documents 
of  the  Board,  in  order  to  their  validity,  shall  have  a  seal  of  his  De- 
partment, and  be  entitled  to  employ  a  clerk.  He  shall  use  his  best 
exertions  to  promote  the  interests  of  education  and  morality  on  the 
the  Islands,  and  the  general  objects  of  the  Department,  and  shall  re- 
ceive such  salary  as  the  Legislature  shall  determine,  but  the  Direct- 
ors aforesaid  shall  receive  no  compensation  for  their  services. 

SECTION  4.  All  laws  and  parts  of  laws  of  this  Kingdom  in  conflict 
with  this  act,  are  hereby  repealed. 

SECTION  5.  This  act  shall  take  effect  on  the  1st  day  of  July  next. 
Approved  this  7th  day  of  May,  1855. 

KAMEHAMEHA. 

VICTORIA  K.  KAAHUMANU. 


j<)  EMPLOYMENT  OF  PRISONERS  ON  OAHU.  SKSS. 


AN  ACT 

TO  PROVIDE  FOR  THE  EMPLOYMENT  OF  PRISONERS  ON  THE   ISLAND 

OF  OAHU. 

BE  IT  EXACTED  by  the  King,  the  Nobles  and  Representatives  of  the  //a- 
wd'tian  Islands  in  Legislative  Council  assembled: 

SECTION  1.  That  from  and  after  the  date  of  the  passage  of  this  Act, 
and  un.til  the  erection  of  suitable  prisons  en  the  Island  of  Oahu,  to 
meet  the  requirements  of  the  "  Act  relating  to  Prisons,  their  gov- 
ernment and  discipline,"  passed  in  the  year  1851,  all  male  convicts 
sentenced  by  the  several  Courts  of  the  Island  of  Oahu,  to  impiison- 
ment  at  hard  labor,  shall  be  in  the  keeping  of  the  Marshal  of  the  King- 
dom, and  his  Deputies,  under  the  orders  of  the  Governor  of  Oahu, 
who  shall  employ  them  on  any  public  works  which  may  from  time  to 
time  be  designated  by  the  Minister  of  the  Interior  or  the  Secretary  at 
War. 

SECTION  2.  Should  the  labor  of  such  Prisoners  not  be  required,  at 
any  time,  in  the  performance  of  work  for  the  Government,  it  shall  be 
the  duty  of  the  Marshal  of  the  Kingdom  to  hire  them  out  to  labor  for 
private  individuals,  with  the  consent  of  the  Governor,  upon  such  terms, 
and  to  be  employed  at  such  kind  of  labor,  as  he  may  approve.  Pro- 
vided, however,  that  such  Prisoners  shall  not  be  so  employed  as  to 
prevent  their  being  locked  up  within  the  prison  every  night. 

SECTION  3.  When  such  prisoners  are  employed  on  any  Govern- 
ment work,  the  expense  of  maintaining  them  shall  be  defrayed  out  of 
the  appropriation  made  for  such  work;  and  when  they  are  employed 
to  labor  for  private  individuals,  the  expense  of  maintaining  them  shall 
be  defrayed  out  of  their  earnings;  and  when  they  are  not  employed  in 
either  of  the  above  modes,  the  Marshal  may  employ  them  in  any  way 
he  may  deem  expedient,  and  the  expense  of  maintaining  them  shall  be 
defrayed  by  the  government. 

Approved  this  7th  day  of  May,  1855. 

KAMEHAMEHA. 

VICTORIA  K.  KAAHUMANU. 


1855.  RELATING  TO  ELECTION  OF  REPRESENTATIVES. 


AN  ACT 

TO  AMEND  THE  LAW  RELATING  TO  THE  ELECTION  OF  REPRESENTA- 
TIVES  OF  THE  PEOPLE. 

BE  IT  ENACTED  by  the  King,  the  JVoblts  and  Representatives  of  the  Ha- 
waiian Islands  in  Legislative  Council  assembled: 

SECTION  1.  That  the  words  "or  any  other  cause,"  in  Section  2,  of  the 
Act  entitled  "  an  Act  to  amend  the  law  relating  to  the  election  of  the 
Representatives  of  the  people,"  passed  in  the  year  1851,  be  and  the 
same  are  hereby  expunged;  and  the  word  "  or  "  is  hereby  inserted 
between  the  \vords  "  resignation  "  and  "  death  "  in  said  2nd  Section. 

SECTION  2.  This  Act  shall  take  effect  from  and  after  the  day  of  its 
passage. 

Approved  this  lith  day  of  May,  1855. 

KAMEHAMEHA. 

VICTORIA  K.  KAAHUMANU. 


FOR  THE  *UTKES:SIO.\  OF  PROSTITUTION.  SESS. 


AN  ACT 

FOn  THE  SUPPRESSION  OF  PROSTITUTION. 

WHEREAS,  large  numbers  of  young  females  belonging  to  the  remote 
Districts  of  the  Kingdom,  are  in  the  habit  of  frequenting  the  sea- 
ports, particularly  during  the  fall  shipping  season,  for  the  purpose 
of  prostitution: 

AND  WHEREAS,  this  evil  practice  is  calculated  to  spread  disease  and 
death  among  the  people,  thereby  contributing  to  their  rapid  decrease 
in  number.  Therefore: 

BB  IT  ENACTED  by  the  King,  the  Nobles  and  Representatives  of  the  Ha- 
waiian Islands  in  Legislative  Council  assembled: 

SECTION  1.  That  from  and  after  the  date  of  the  passage  of  this  Act, 
it  snail  be  lawful  for  the  Police  and  District  Justices  of  Honolulu  and 
Lahaina,  and  the  District  Justice  of  Hilo  respectively  to  cause  to  be 
arrested  and  brought  before  them,  any  female  that  may  be  complain- 
ed of  by  the  Sheriff  or  Prefect  of  Police  as  being  a  prostitute,  and  if 
it  shall  appear  to  the  satisfaction  of  the  Justice  that  such  female  is  a 
prostitute,  and  that  her  father,  mother  or  other  guardian,  reside  in 
any  other  district  than  that  in  which  such  Justice  has  jurisdiction,  or 
that  such  female  has  left  her  native  district  and  come  to  reside  within 
the  district  where  such  Justice  has  jurisdiction,  for  the  purpose  of 
prostitution,  then  such  Justice  may  order  such  female  to  return  to  her 
parents  or  guardian  if  she  have  any,  or  to  the  district  from  whence 
she  came,  within  forty-eight  hours  from  the  time  of  such  order;  and 
if  such  female  be  found  within  his  district  after  the  expiration  of  such 
period  of  forty-eight  hours,  the  Justice  may  punish  her  by  imprison- 
ment at  hard  labor,  or  solitary  confinement  for  a  period  not  exceed- 
ing thirty  days  upon  the  first  complaint,  and  upon  any  subsequent 
complaint  for  a  period  not  exceeding  sixty  days.  It  shall  be  the  duty 
of  all  Judicial  and  Police  Officers,  School  Inspectors  and  School 


1855.  FOR  THE  SUPPRESSION  OF  PROSTITUTION.  13 

Teachers,  to  inform  the  Police  Justices  of  the  seaports   aforesaid,  of 
any  females  belonging  to  their  respective  districts  whom  they  may 
Mispect  of  having  resorted  to  said  seaports  for  the  purposes  of  prosti- 
tution, that  they  may  be  dealt  with  as  hereinbefore  provided. 
Approved  this  \Hh  day  of  May,  1855. 

KAMEHAMEHA. 
VICTORIA  K.  KAAHUMAXU. 


14  RELATING  TO  BANKRUPTCY.  SESS. 


AN  ACT 

TO  AMEND  AN  ACT  RELATING  TO   BANKRUPTCY,  PASSED  JUNE  16TH, 

1848. 

BE  IT  ENACTED  by  the  King,  the  Nobles  and  Representatives  of  the  Ha- 
waiian Islands  in  Legislative  Council  assembled: 

SECTION  1.  That  Section  Thirtieth  of  "An  Act  relating  to  Bank- 
ruptcy," passed  June  16th,  1848,  be  and  the  same  is  hereby  repealed. 

SECTION  2.  After  the  passage  of  this  Act,  appeals  may  be  taken 
from  the  decisions  of  the  Commissioner*  in  Bankruptcy  in  all  cases 
decided  by  them  to  the  Supreme  Court  of  this  Kingdom,  provided  that 
the  appellant  give  notice  of  appeal  within  five  days  after  the  decision 
rendered,  and  within  ten  days  after  such  decision  file  with  the  said 
Commissioners  a  good  and  sufficient  bond,  in  the  penal  sum  of  One 
Hundred  Dollars,  conditioned  for  the  payment  of  all  costs  arising  from 
said  appeal,  in  case  the  said  appeal  shall  not  be  sustained  in  the  Su- 
preme Court. 

SECTION  3.  This  Act  shall  take  effect  from  and  after  the  day  of  its 
passage. 

•Approved  this  Htk  day  of  May,  1855. 

KAMEHAMEHA. 

VICTORIA  K.  KAAHUMANU. 


T0  PROVIDE  REVENUE. 


AN  ACT 

TO  PROVIDE  REVENUE  FROM  IMPORTS,  AND  TO   CHANGE  AND  MODIFY 
EXISTING  LAWS  IMPOSING  DUTIES  ON  IMPORTS. 

BE  IT  ENACTED  by  the  King,  the  Nobles  and  Representatives  of  the  Ha- 
waiian Islands,  in  Legislative  Council  assembled: 

SECTION  1 .  That,  in  lieu  of  the  duties  imposed  by  law  on  the  articles 
hereinafter  mentioned,  and  on  such  as  may  now  be  exempt  from  duty, 
there  shall  be  levied,  collected  and  paid  on  the  goods,  wares  and  mer- 
chandise herein  enumerated  and  provided  for,  imported  from  foreign 
countries,  the  following  rates  of  duty;  that  is  to  say, 

On  Spirits,  Liqueurs,  Cordials,  &.C.,  mentioned  in  Schedule  A,  of  the 
strength  of  proof — Three  Dollars  per  gallon,  and  so  in  proportion  for 
any  greater  or  less  strength. 

On  Wines  mentioned  in  Schedule  B,  a  duty  of  One  Dollar  per 
gallon. 

On  goods,  wares  and  merchandise  mentioned  in  Schedule  C,  a  duty 
of  fifteen  per  centum  ad  valorem. 

On  goods,  wares  and  merchandise  mentioned  in  Schedule  D,  a  duty 
of  ten  per  cent,  ad  valorem. 

On  goods,  wares  and  merchandise  mentioned  in  Schedule  E,  a  duty 
of  five  per  centum  ad  valorem.  . 

SECTION  2.  <flnd  be  it  further  enacted,  That  the  goods,  wares  and 
merchandise  mentioned  in  Schedule  F,  shall  be  exempt  from  duty. 

SECTION  3.  Jind  be  it  further  enacted,  That  there  shall  be  levied, 
collected  and  paid  on  all  goods,  wares  and  merchandise  imported  from 
foreign'countries,  and  not  specially  provided  for  in  this  Act,  a  duty  of 
ten  per  cent,  ad  valorem. 

SECTION  4.  And  be  it  further  enacted,  That  in  all  cases  in  which  the 
invoice  or  entry  shall  not  contain  the  weight,  or  quantity  or  measure 
of  goods,  wares  or  merchandise,  now  weighed  or  measured  or  gauged, 
the  same  shall  be  weighed.,  gauged  or  measured,  at  the  expense  of  the 
owner  or  consignee. 


J6  TO  PROVIDE  REVENUE.  SESS. 

SECTION  &.  And  be  it  further  enacted,  That  it  shall  be  lawful  for  the 
owner,  consignee,  or  agent  of  imports  which  have  been  actually  pur- 
chased, on  entry  of  the  same  to  make  such  addition  in  the  entry  to  the 
cost  or  value  given  in  the  invoice,  as  in  his  opinion  may  raise  the  same 
to  the  true  market  value  of  such  imports  in  the  principal  markets  of 
the  country  whence  the  importation  shall  have  been  made,  or  in  which 
the  goods  imported  shall  have  been  originally  manufactured  or  pro- 
cured, as  the  case  may  be,  and  to  add  hereto  all  costs  and  charges 
which,  under  existing  laws  would  form  part  of  the  true  value  at  the 
port  where  the  same  may  be  entered,  on  which  the  duties  should  be 
assessed.  And  it  shall  be  the  duty  of  the  Collector,  within  whose  dis- 
trict the  same  may  be  imported  or  entered,  to  cause  the  dutiable  value 
of  such  imports  to  be  appraised,  estimated  and  ascertained,  in  accord- 
ance with  the  provisions  of  existing  laws;  and  if  the  appraised  value 
thereof  shall  exceed  by  ten  per  centum  or  more,  the  value  so  declar- 
ed on  the  entry,  then,  in  addition  to  the  duties  imposed  by  law  on  the 
same,  there  shall  be  levied,  collected  and  paid  a  duty  of  twenty  per 
ceqtum  ad  valorem  on  such  appraised  value.  Provided,  nevertheless, 
that  under  no  circumstances  shall  the  duty  be  assessed  upon  an  amount 
less  than  the  invoice  value. 

SECTION  6.  All  laws  or  parts  of  laws  inconsistent  with  this  Act  shall 
be  and  the  same  are  hereby  repealed. 

SECTION  7.  This  Act  shall  take  effect  in  twelve  months  from  and 
after  the  day  of  its  publication  in  the  Polynesian  newspaper,  provided 
that  it  is  not  in  violation  of  any  treaty  existing  at  that  time. 

SCHEDULE  A. 

Spirits  or  strong  waters  of  strength  of  proof  by  Gay  Lussac's  Alco- 
metre,  and  so  in  proportion  for  any  greater  or  less  strength,  viz: — 
Brandy,  Gin,  Rum,  Whiskey,  Alcohol,  and  all  other  spirits,  $3  per 
gallon;  and  all  Spirits,  Liqueurs,  Cordials,  brandied  fruits  or  strong 
water  respectively,  sweetened  or  mixed  with  any  other  articles  of  the 
strength  of  proof  by  Gay  Lussac's  Alcometre,  and  so-  in  proportion 
for  any  greater  or  less  strength,  $3  per  gallon. 

SCHEDULE  B. 

Port,  Sherry,  Madeira  and  other  wines,  containing  over  18  per 
centum  and  under  30  per  centum  alcohol,  $1  per  gallon. 


TO  run  vim:  itKvnxn:.  17 

SCHEDULE  C. 

Fire-arms  and  side-arms  of  every  description;   Laces,  Braids  and 
Insertings  of  Cotton  or  Silk;  manufactures   of  goat's  or  mohair  not 
otherwise   provided  for;  Lasting,   Cambric,  Damask,  Drapery,  Mo- 
reen, Paramattas,  Silk  Velvet,  Silks  and  Satins  and  manufactures  of 
silk   or  of  which   silk  shall   be   a  component   part;   Grasscloth,  Pifia 
goods,  Corn,  Wheat,  Rye,  Barley  and  oilier  grain,  and  the  manufac- 
tures thereof  ;  Bread,  Beans,  Peas,  Musical  Instruments  of  all  kinds; 
Crockery,  Billiard  Tables,   Fruits  and   Vegetables   of  all   kinds  not 
otherwise  provided  for;   Carpets,  Oil  and  Floor  Cloth,   Gloves,  Lac- 
quered, Plated,  Silver  and  Glassware,  manufactures  of  Papier  Mache, 
Tobacco,  and  all  manufactures  of  Tobacco;   Comfits,  Sweetmeats  or 
Fruits  preserved  in   sugar  or  syrup,  and  Confectionery  of  all  kinds; 
Powder,  Shot,  Percussion  Caps,   Salt-Petre,  Soda,  Essences  not  oth- 
erwise provided  for;  Regalia,  Gold-Leaf,  Hair-Cloth,  Ten-Pin  Balls, 
Cassia,  Cloves,  Nutmegs  and  Spices  of  all  kinds;   Card-Cases,  Pock- 
et-Books,  Shell  Boxes  and  Souvenirs,  and  all  similar  articles  of  what- 
ever materials  composed;   Combs  of  all  kinds,   Coral  manufactures, 
Crayons,  Dolls  and  Toys  of  all  kinds,  Fans  and  Feathers,  and  artifi- 
cial Flowers  of  whatever  material;   manufactures  of  Ebony,  Mahog- 
any,  Rosewood,    Satin   or   Camphor  wood;    rranufactures  of  Pearl, 
Bone,  Horn,  Ivory,  and  all  other  kinds  of  fancy  articles  of  a  similar 
kind;   Daguerreotype  stock,  Arrow  Root,   Sago,  Tapioca;    Perfumes, 
Tinctures,  Pastes,  Extracts   and  Cosmetics  used   for  the  toilet,  Bay- 
Rum,  Tea,  Coffee,    Chocolate,  Cocoa,   Crackers,  Salt,  Sugar  of  all 
kinds  and  Syrups  of  sugar;   Sardines   and  all  fish  in  oils;   Molasses, 
Starch,  Gros  de  Naples,  Helventine,  Jewelry  of  all  kinds,  Bracelets, 
Guards  and  Chains  of  hair;   Beads  of  all  kinds,  Ornaments,  Watches 
and  parts  of  Watches,  Circus  and  Theatrical  Wardrobes,  and  all  ar- 
ticles used  for  scenic  representations  or  public  exhibition,  Lacquered 
Furniture,   Walking   Sticks   or   Canes,   Paintings   and   Engravings, 
whether  framed  or  otherwise;   Claret,  Hock,  Champagne  and  all  other 
light  wines  containing  not  over  18  per  cent,  of  alcohol,  Cider,  Cham- 
pagne Cider,  Perry,  Ale,  Beer,  Porter,  and  all  other  beverages  con- 
taining alcohol. 
3 


1^  Tn  rRovun:  i;r.\  i:\rj:.  Sl->S. 

SCHEDTLE    D. 

Iron  or  Steel,  Axes,  Hatchets,  Ballast,  Buoys,  Windlass-Nippers, 
Trypots,  Whale  and  Seal  Irons,  Anchors,  Stoves,  Lances  and  Bomb 
Lances,  Hand-Cuifs,  Tacks,  Trace-Chains,  Iron  Pipe,  Wire  Cl..tl>, 
manufactures  of  Wool,  Linen  and  Cotton  not  otherwise  provided  for; 
Beef  and  Pork  Tongues,  Hams,  Lard,  Game  arid  Vegetables  inclosed 
in  sealed  cans  or  otherwise,  Butter,  Cheese,  Leather  and  manuftu-tures 
of  leather,  Hides,  Fish— fresh,  salted,  dried,  smoked  or  pickled;  — 
Doors  and  Sashes,  House  Frames,  Bunting,  Britannia,  Ha:d,  Hollow, 
Tin,  Zinc  and  Wooded  Ware  hot  otherwise  provided  for;  Cloihhur 
ready  made,  and  wearing  apparel  of  every  description;  Hats,  Caps, 
Bonnets,  Hose  not  otherwise  provided  for;  Blacking,  Corks,  Compo- 
sition, Copper,  Tin,  Zinc,  and  Yellow  Metal  not  otherwise  provided 
for;  and  nails  of  the  same;  Cordage,  Cambooses,  Chronometers, 
Davits,  Ship's  Tackle  arid  Stores  not  otherwise  provided  for;  Oars, 
Twine,  Tarred  Paper,  Candles,  "Camphene  and  burning  fluids  of 
every  description  not  otherwise  provided  for;  Pitch,  Tar,  Rosin, 
Lamps,  Lanterns,  Scales,  Pumps,  Carriages,  and  parts  of  Carriages, 
Wagons,  Carts,  Whips,  Wheels,  Spurs,  Yokes,  Safes,  Vaults,  Trunks 
not  otherwise  provided  for;  Vinegar,  Wax,  Sperm,  Whale,  Seal, 
Porpoise  and  Blackfish  Oil,  Neatsfoot  and  Cocoanut  Oils,  Marbles, 
Sheet  Lead,  Lead  Pipe,  Lines,  Nets,  Grindstones,  Glass,  Hops,  Live 
Stock  not  otherwise  enumerated;  Slates,  Solder,  Sand  Paper,  Spy- 
Glasses  and  Telescopes,  Cutlery  of  all  kinds,  Orleans,  Alpacca,  Ale- 
pine,  Barage,  Balzorine,  manufacture  of  Worsted  or  Cashmere,  or 
of  which  they  shall  be  a  component  part,  not  otherwise  provided  for; 
Brooms  and  Brushes  of  all  kinds,  Furniture  and  Upholstery  not  other- 
wise provided  for;  Clocks  and  parts  of  Clocks,  Belts,  Shawls  not  oth- 
erwise provided  for;  Paper  Hangings,  Matting,  Soda  Fountains., 
Honey,  Medical  Drugs,  Roots  and  Leaves,  and  medicinal  prepara- 
tions not  oilu>rwisc  provided  for;  Surgical  Instrument?. 

ScHEDt  I.E    E. 

Blacksmith's,  Caulkei's,  Cooper's,  Carpenter's,  Shoemaker's,  Ma- 
chinist's and  Turner's  Tools;  Chain  Cable,  Nails,  Rivets  and  Spikes 
of  Iron  of  all  kinds,  Iron  Ho«>ps,  manufactures  of  cotton  not  otherwise 
provided  for;  Flannel  of  whatever  inateriiil.  Blankets  of  all  kind<, 


TO  PROVJUJJ3 


Colmvgs,  Crash,  Duck  and  Canvass,  Osnaburgs,  Boats,  Lumber, 
Hewed,  Sawed  and  Rough;  Casks  and  Barrels,  Staves,  Books,  print- 
ed and  blank;  Stationery  am!  Paper  of  all  kinds  not  otherwise  pro- 
vided for;  Brick,  Cement  arid  building  materials  of  all  kinds;  Bags 
and  Bagging.  Furnaces,  Monuments,  Spars,  Walrus  Teeth,  Paints  of 
ail  kinds,  Turpentine,  Linseed  and  other  oils  used  in  painting,  Var- 
nish, Putty,  Soap,  Rice  and  Paddy,  Thread  net  otherwise  provided 
for,  Hydraulic  Rams,  Wood.  Coal,  Ice,  Alcohol  when  introduced  for 
medicinal  or  mechanical  purposes,  in  accordance  with  the  Act  passed 
August  16th,  1854. 

SCHEDULE  F. 

Trees,  Shrubs,  Bulbs,  Plants,  Roots  and  Seeds  for  planting  and 
sowing  not  otherwise  provided  for;  Machinery  of  all  kinds,  Steam 
Engines,  Mills,  Coffee  Cleaners,  Rice  Hullers,  Plows,  Hoes,  and 
other  instruments  of  husbandry  imported  by  any  agriculturalist  or 
bodv  of  agriculturalists,  and  not  intended  for  sale;  animals  for  im- 
proving the  breed  in  this  kingdom,  all  produce  of  Hawaiian  Fisheries, 
Professional  Books,  Instruments,  implements  and  tools  of  trade,  old 
and  in  use  of  persons  from  abroad,  and  not  intended  for  any  other 
person  or  for  sale;  goods,  wares  and  merchandise  exported  to  a  for- 
eign country  and  brought  back  in  the  same  condition  as  when  export- 
ed, upon  which  no  draw-back  has  been  allowed;'  household  effects  and 
wearing  apparel,  and  other  personal  effects  in  use,  not  merchandise; 
also  all  goods  imported  free  by  Christian  Missionaries  and  Foreign 
Ministers,  and  Whale  Ships  under  the  present  laws. 
Approved  this  14th  day  of  May,  18«">5. 

KAMEHAMEHA. 

VICTORIA  K.  KAAHCMAM  . 


TO  IXSTITL'TE  HOSIMTAI^   l-dll  TIIC  Sl'JK  rOUK. 


AN  ACT 

TO  INSTITUTE  HOSPITALS  FOR  THE  SICK  POOR. 

>, 

WHEREAS,  past  experience  and  daily  repeated  observation  show  the 
necessity  and  duty  of  the  public  to  provide  Hospitals  for  their  re- 
lief, where  they  may  receive  kind  nursing  and  skillful  attendance; 
and  that  the  said  Hospitals  may  become  schools  where  a  certain 
number  of  intelligent  Hawaiians  selected  for  that  object,  may  be 
instructed  in  medical  science  and  the  cure  of  the  numerous  diseases 
now  prevalent  and  that  are  constantly  on  the  increase:  Therefore, 

BE  IT  ENACTED,  by  the  King,  the  Nobles  and  Representatives  of  the  Ha- 
waiian Islands,  in  Legislative  Council  assembled: 

SECTION  1.  The  Minister  of  the  Interior  is  hereby  authorized  to  es- 
tablish two  Hospitals  for  the  sick  poor,  being  natives  of  this  kingdom, 
one  at  Honolulu,  Island  of  Oahu,  and  one  at  Lahaina,  Island  of  Muni, 
which  Hospitals  shall  be  under  the  immediate  supervision  of  the 
Board  of  Health,  in  conjunction  with  the  Governors  of  the  Islands 
on  which  said  Hospitals  are  established. 

SECTION  2.  That  the  Minister  of  the  Interior,  at  his  discretion,  can 
cause  a  Hospital  to  be  established  on  Hawaii,  and  also  one  on  Kauai, 
under  the  same  regulations  that  may  govern  those  established  on  Oahu 
and  Maui. 

SECTION  3.  It  shall  be  the  duty  of  said  Board  to  make  rules  and 
regulations  for  the  government  of  said  Hospitals,  which  shall  be  sub- 
milted  to  the  King  in  Privy  Council  for  approval,  and  which  shall  be 
published  for  general  information. 

SECTION  4.  This  Act  shall  take  effect  from  and  after  the  day  of  its 
passage. 

Approved  this  25/fo  day  of  May,  .#.  D.  1855. 

KAMEHAMEHA. 

VICTORIA  K.  KAAHUMANU. 


OF 


AN  ACT 

DECLARING  THE  PERIOD  AT  WHICH  ALL  SUBJECTS  OF  THE  KING  CEASE 
TO  BE  MINORS  AND  BECOME  OF  LEGAL  AGE. 

BE  IT  ENACTED,  by  the  King,  the  Nubles  and  Representatives  of  the  Ha- 
leniian  Islands,  in  Legislative  Council  assembled: 

SECTION  I.  All  male  persons  residing  in  this  kingdom  who  shall 
have  attained  the  age  of  twenty  years,  and  all  females  who  shall  have 
attained  the  age  of  eighteen  years,  shall  be  regarded  as  of  legal  age 
and  their  period  of  minority  to  have  ceased. 

SECTION  2.  This  Act  shall  take  effect  and  become  a  law  on  the  day 
of  its  approval  by  the  King. 

•Approved  this  1st  day  of  June,  1855. 

KAMEHAMEHA. 
VICTORIA  K.  KAAHUMANU. 


i;r.!.  \TI.\I;  TO  TAX  coi.i.r.i'Toj:-5  AM>  KM'.MLKATOI;.*.         S;->S. 


TO  REGULATE  TTli-;  PAY  O?  TAX  C 1LLFCT  >RS  AND  TO  PROVIDE  FOR  AN 

LNLJMERATOil  OF  ALL  PERSONS  AND  ANIMALS  LIABLE 

TO  TAXATION. 

Bn  IT  E.VACTED,  by  the  King,  the  Nobles  and  Representatives  of  the  Ha- 
waiian Islands  in  Legislative  Council  assembled: 

SECTION  1.  His  Majesty  the  King  is  hereby  authorized  to  appoint 
annually,  on  or  before  the  first  day  of  July,  an  Enumerator  for  each 
Taxation  District  of  this  kingdom,  whose  duty  it  shall  be,  under  the 
direction  of  the  Minister  of  Finance,  to  make,  on  or  before  the  first 
day  of  September,  a  faithful  enumeration  of  all  persons  and  animals 
in  his  district  liable  to  be  taxed,  and  to  make  a  tax  list  of  the  same, 
classified  according  to  a  blank  form  to  be  furnished  by  said  Minister. 

SECTION  2.  *Each  Enumerator  on  his  appointment  shall  take  and 
subscribe  before  a  Police  or  District  Justice  the  following  oath,  a  cer- 
tified copy  of  which  shall  be  immediately  forwarded  by  the  magistrate 
before  whom  it  was  taken  to  the  Minister  of  Finance: — 

"  I,  — ,  being  appointed  to  make  an  enumeration  of  all 

persons  and  animals  liable  to  taxation  in  the  District  of ,  Island 

of ,  do  solemnly  swear  that  I  will  faithfully  discharge  the  duties 

of  said  office.  So  help  me  God." 

SECTION  3.  It  shall  be  the  duty  of  each  Enumerator  to  call  once  at 
the  usual  place  of  business  or  residence  of  every  tax  payer  for  the 
purpose  of  ascertaining  accurately  the  amount  of  taxes  such  person 
is  liable  to  pay;  and  if  any  person  when  called  upon  by  the  Enume- 
rator shall  decline  or  refuse  to  give  a  list  of  persons  residing  with  him, 
and  animals  in  his  possession,  liable  to  be  taxed,  or  shall  refuse  to 
make  oath  to  the  accuracy  of  said  list  when  given,  then  it  shall  be 
competent  for  said  Enumerator  to  make  a  list  of  said  persons  and  an- 
imals liable  to  taxation,  according  to  the  best  of  his  knowledge,  and 
include  the  same  in  his  enumeration,  which  shall  be  binding  upon  the 
person  so  declining  or  refusing  as  aforesaid. 


!>;-.->  RELATING  TO  TAX  COLLCCTOK.S   ANIi   ;-:\f.M  F.K  A  Tol.'S.  ._>:J 

SECTION  4.  The  Enumerator  is  authorized  at  his  discretion  to  ad- 
minister the  following  oath  to  any  person  who  shall  give  him  a  list  of 
persons  and  animals  liable  to  taxation,  viz: — "  You  solemnly  swear 
that  the  list  of  all  persons  residing  with  you  and  of  animals  in  your 
possession  liable  to  taxation,  which  you  have  given  me,  is  true.  So 
help  you  God."  Any  person  refusing  to  take  the  oath  aforesaid,  shall 
be  fined  a  sum  not  exceeding  fifty  dollars,  or  be  imprisoned  at  hard 
labor  for  a  period  not  exceeding  thirty  days,  on  being  convicted  of  the 
offense  before  any  District  Justice. 

SECTION  5.  Whenever  the  Enumerator  calls  for  a  list  as  aforesaid, 
and  no  person  shall  be  found  to  furnish  said  list,  the  said  Enumerator 
shall  leave  a  notice  at  the  house  or  place  of  business  of  the  person  so 
called  upon,  requiring  said  person  to  furnish  him  a  list  of  all  persons 
residing  with,  and  all  animals  in  hi3  possession  liable  to  taxation, 
within  twenty  days,  and  in  case  said  list  is  not  furnished  within  twenty 
days  as  aforesaid,  then  it  shall  be  competent  for  the  Enumerator  to 
make  out  such  list  according  to  the  best  of  his  knowledge,  which  shall 
be  binding  upon  the  party  so  failing  to  furnish  a  list  as  aforesaid. 

SECTION  6.  It  shall  be  the  duty  uf  each  Enumerator  on  or  before 
the  first  day  of  September  in  each  year,  to  complete  and  deliver  to 
the  Governor  of  the  Inland  in  which  his  district  is  located,  two  certi- 
fied copies  of  the  Tax  List  made  out  by  him,  as  above  prescribed,  one 
of  which  copies  shall  be  immediately  forwarded  by  the  Governor  to 
the  Minister  of  Finance. 

SECTION  7.  Kach  Enumerator,  who  shall  have  faithfully  discharged 
the  duties  of  his  office  according  to  law,  on  presenting  his  Tax  List 
completed  to  the  Governor  of  the  Island  in  which  his  district  is  locat- 
ed, shall  be  paid  by  the  said  Governor's  draft  on  the  Hawaiian  Trea- 
sury, a  compensation  for  his  services  equal  to  five  per  centum  of  the 
amount  of  taxes  for  his  district  as  shown  by  the  Tax  List  so  made  out 
and  delivered  as  aforesaid. 

SECTION  8.  Each  Tax  Collector,  before  entering  upon  the  duties  of 
his  office,  shall  annually  file  with  the  Governor  of  the  Island  in  which 
his  District  is  located  a  bond  to  the  Minister  of  Finance,  conditioned 
for  the  faithful  discharge  of  his  duties  according  to  law,  with  two 
sureties  to  be  approved  by  the  Governor  of  the  Island  in  a  penal  sum 


04  RELATING  TO  TAX  COLI.KCTOK8  AND    KN  I'MKRATORS.  $K.SS. 

equal  to  the  amount  of  taxes  to  be  collected  by  him,  as  shown  by  the 
Tax  List,  a  certified  copy  of  which  bond  shall  be  immediately  for- 
warded by  the  Governor  to  the  Minister  of  Finance. 

SECTION  9.  The  Governors  of  the  several  islands  shall  deliver  to 
each  Tax  Collector  of  their  islands  respectively,  having  filed  his  bond 
as  aforesaid,  a  copy  of  the  Tax  List  for  his  District,  and  the  Tax  Col- 
lector shall  proceed  immediately  to  collect  the  taxes  in  his  District 
according  to  said  list. 

SECTION  10.  Each  Tax  Collector  in  the  discharge  of  his  duties, 
shall  call  on  each  tax  payer  at  his  residence  or  usual  place  of  business, 
in  the  month  of  September,  October  or  November,  after  the  Tax  List 
has  been  delivered  to  him,  and  demand  payment  of  the  taxes  made 
out  against  said  tax  payer  in  the  list  aforesaid;  and  if  any  tax  payer 
cannot  be  found  when  thus  called  upon,  the  Collector  shall  leave  with 
some  person  at  his  usual  place  of  business  or  at  his  residence,  a  writ- 
ten or  printed  notice  that  he  has  called  to  collect  the  taxes  of  said 
tax  payer,  in  which  he  shall  state  the  amount  of  the  same  and  date  of 
the  time  of  his  calling  as  aforesaid,  and  that  unless  said  taxes  are 
paid  within  twenty  days  from  the  date  of  said  notice  that  he  will  pro- 
ceed to  collect  the  same  according  to  law. 

SECTION*  II.  If  any  person  shall  neglect  to  pay  his  taxes,  or  refuse 
when  called  upon  by  the  Tax  Collector,  until  the  last  day  of  Novem- 
ber of  each  year  shall  have  elapsed,  then  the  Tax  Collector  is  au- 
thorized to  sue  him  before  the  District  Justice  of  that  District,  and  if 
the  suit  is  sustained  he  shall  pay  the  taxes  sued  for,  and  one  dollar 
besides  for  costs'  for  the  benefit  of  the  Royal  Exchequer;  but  he  can 
appeal  from  the  decision  of  the  District  Justice. 

SECTION  12.  It  shall  be  the  duty  of  each  Tax  Collector  on  or  before 
the  first  day  of  December  in  each  year  to  pay  over  to  the  Governor 
of  the  Island  in  which  his  District  is  located  the  amount  of  taxes  by 
him  collected,  and  any  Tax  Collector  who  shall  have  failed  to  do  so 
at  the  specified  time,  or  within  ten  days  of  said  time,  shall  be  liable 
to  forfeit  ten  per  cent,  of  the  amount  of  compensation  hereinafter 
provided  for  his  services  as  Collector,  which  forfeiture  shall  be  at  the 
discretion  of  the  Governor  aforesaid;  and  it  shall  be  the  duty  of  the 
Minister  of  Finance  to  prosecute  the  bond  of  any  Collector  who  shall 
have  failed  to  pay  over  to  the  Governor  of  the  Island  in  which  his 
District  is  located,  the  amount  of  taxes  by  him  collected,  on  or  before 
the  first  day  of  January. 


RtL,.\ilXG  TO  TAX  COLLECTORS  AXT)   EXPMERATORS.  ->.- 

SECTION  13.  It  shall  be  the  duty  of  the  Governors  to  hold  the  Tax 
Collectors  responsible  for  the  full  amount  of  taxes  specified  in  their 
several  Tax  Lists,  unless  they  shall  file  with  the  Governors  a  sworn 
list  containing  the  names,  places  of  residence  and  amount  of  taxes 
due  from  each  person  in  their  several  districts,  from  whom,  after  using 
due  diligence,  they  were  unable  to  collect  the  taxes;  in  which  case 
the  Governors  are  hereby  authorized  to  deduct  the  amount  of  taxes- 
in  the  list  so  sworn  to,  from  the  amount  of  Tax  List,  and  hold  the 
Collector  responsible  only  for  the  balance. 

SECTION  14.  Each  Tax  Collector  who  shall  have  faithfully  discharg- 
ed the  duties  of  his  office,  and  shall  have  paid  on  or  before  the  first 
day  of  January  to  the  Governor  of  the  Island  in  which  his  District  is 
located,  the  amount  of  taxes  by  him  collected,  shall  be  paid  by  the 
Governpr's  draft  on  the  Hawaiian  Treasury  a  compensation  equal  to 
ten  per  cent,  of  the  amount  of  taxes  by  him  collected  and  paid  over 
as  aforesaid;  provided,  that  the  compensation  paid  to  the  Tax  Collect- 
ors of  Kona,  Oahu,  and  Lahaina,  Maui,  shall  not  exceed  seven  and 
one-half  per  cent,  of  the  amount  of  taxes  collected  and  paid  over  by 
them. 

SECTION  15.  It  shall  be  the  duty  of  th'e  said  Tax  Collectors  to  pay 
over  to  the  School  Treasurers  of  their  respective  Districts  the  whole 
amount  of  school  taxes  collected  by  them  in  their  respective  Districts, 
and  the  said  Tax  Collectors  shall  take  receipts  from  the  said  School 
Treasurers  of  the  money  so  paid  by  them,  which  receipts  shall  be 
passed  over  to  the  Governors  of  their  respective  Islands  as  vouchers 
of  the  amount  tso  paid  over  by  the  said  Tax  Collectors  to  the  said 
School  Treasurers.  ,  . , 

SECTION  10.  This  Act  shall  take  effect  from  and  after  the  date  of 
^its  publication  in  the  Polynesian  newspaper  and  Elele  Hawaii. 

SECTION  17.  All  parts  of  the  existing  laws  in  conflict  with  the  pro- 
visions of  this  Act,  shall  be,  and  the  same  are  hereby  repealed. 
Approved  this  &th  of  June,  A.  D.  1855. 

KAMEHAMEHA. 

VICTORIA.  K.  KAAHUMANU. 
4 


BELATING  TO  PORTS  OF  ENTRY.  SESS. 


AN  ACT 

REVISING  A  PORTION  OF  THE  ACT  MAKING  THE  PORTS  OP  HILO,  KA- 

WAIHAE  AND  KEALAKEKUA  ON  THE  ISLAND  OF  HAWAII, 

AND  WAIMEA  ON  THE  ISLAND  OF  KAUAl,  PORTS 

OF  ENTRY. 

Bl  IT  ENACTED  by  the  King,  the  .Yofe/es  and  Representatives  of  the  Ha- 
waiian Islands,  in  Legislative  Council  assembled: 

SECTION  1.  That  the  words,  in  the  Act  making  the  ports  of  Hilo, 
Kawaihae  and  KealakeKua  on  the  Island  of  Hawaii,  and  Wairnea  on 
the  Island  of  Kauai,  potts  of  entry,  •'  and  Waitnea  on  Kauai"  be 
stricken  out,  and  the  words  "and  Koloa  on  Kauai"  ^be  inserted  in 
their  place. 

SECTION  2.  This  Act  shall  go  into  effect  on  the  day  of  its  final 
passage. 

Approved  this  7lh  day  of  June,  1855. 

KAMEHAMEHA. 
VICTORIA  K.  KAAHUMANU. 


1855.  RELATING  TO  WAIKAHALULU  WATER  LOTS. 


AN  ACT 

TO  ALTER  AN  ACT  ENTITLED  AN  ACT  RELATING   TO   THE  WATER  LOTS 
CALLED  WAIKAHALULU,  MAKAI  OE  THE  FORT  OF  HONOLULU. 

BE  IT  ENACTED  by  (he  King,  the  JYobles  and  Ike   Rtpresentalives  of  the 
Hawaiian  Islands,  in  Legislative  Council  assembled: 

SECTION  I  The  word  ''  semi  annual"  iit  the  close  of  the  5th  S<ff 
tion  in  the  English  version  of  an  Act  entitled  an  act  relating  to  the 
Water  Lots  called  Waikahalulu,  rnakai  of  the  Fort  of  Honolulu,  shall 
be,  and  is  hereby  stricken  out,  and  the  word  ''monthly"  substituted 
for  it;  and  the  word  "  eono"  in  the  Hawaiian  version  of  the  said  sec- 
tion of  the  said  act  shall  be  and  is  hereby  erased  without  the  substi- 
tution of  any  other  word. 

SECTION  2.  The  Minister  of  the  Interior  is  hereby  authorized  to  sell 
one  or  more  of  the  lots  of  Waikahalulu  in  like  manner  with  all  other 
real  estate  belonging  to  the  government,  after  giving  the  notice  re- 
quired in  Section  4  of  the  said  Act. 

SECTION  3.  This  act  shall  take  effect  on  the  day  of  its  passage. 
Approved  this  14/A  day  of  June,  Ibo5. 

KAMEHAMEHA. 

VICTORIA  K.  KAAHUMANU. 


RELATING  TO  APPEALS  OX  LAND  TITLES'. 


AN  ACT 

TO  AMEND  THE    LAW    RELATING  TO    APPEALS   FROM   THE   BOARD    OF 
COMMISSIONERS  TO  QUIET  LAND  TITLES. 

WHEREAS,  the  functions  of  the  President  of  the  Board   ef  Commis- 

ters  to  Quiet  Land  Titles  censed  on  the  31st  day  of  March,  1855, 
he  dissolution  of  the  said  Board  as  required  by  law;  Therefore, 

BE  IT  ENACTED  by  the  King,  the  Nobles  and  Representatives  of  the  Ha- 
waiian Islands  in  Legislative  Council  assembled: 

SECTION  1.  That  upon  any  appeal  being  taken  from  the.  decision  of 
the  Board  of  Commissioners  to  Quiet  Land  Titles  after  the  31st  day 
of  March,  1855,  the  bond  required  by  Section  7,  Article  3,  Chapter 
3,  of  the  Act  to  organize  the  Judiciary  Department,  for  such  appeal 
shall  be  approved  by  the  Minister  of  the  Interior. 

SECTION  2.  This  Act  shall  take  effect  from  and  after  the  day  of  its 
passage. 

JJpproved  this  14/&  day  oj  June,  1855. 

KAMEHAMKHA. 

VICTORIA  K.  KAAHUMANU. 


|-.Vi.  i'.ri!i-:.u:  or  rrnur  IMFKUVE .vr.vrs.  09 


AN 'ACT 

TO  TRANSFER  THE  BUREAU  OF  PUBLIC  IMPROVEMENTS  FROM  THE  OF- 
FICE OF  THE  MINISTER  OF  THE  INTERIOR  TO  THE  OFFICE 
OF  THE  SECRETARY  AT  WAR. 

WHEREAS,  it  is  desirable  that  surveys  of  the  coasts  of  the  Islands, 
and  of  the  various  harbors  and  inlets  thereon  should  be  made;  and 
whereas,  it  is  indispensably  necessary  that  one  or  more  competent 
engineers  should  be  engaged  for  the  military  service,  and  whereas, 
principles  of  economy  require  that  separate  expenses  should  not  be 
incurred  for  the  performance  of  (these  various  duties  of  civil  and 
military  engineers;  Therefore, 

BE  IT  ENACTED  by  the  King,  the  Nobles  and  Representatives,  of  the  Ha- 
waiian Islands  in  Legislative  Council  assembled: 

SECTION  \.  All  duties  prescribed  in  Chapter  3,  part  1,  of  the  Act 
to  organize  the  Executive  Departments  of  the  Hawaiian  Islands,  and 
all  other  duties  relating  to  public  improvements,  shall  cease  to  be  per- 
formed by  the  Minister  of  the  Interior,  and  the  Bureau  of  Internal 
Improvements  shall  henceforth  be  a  bureau  under  the  charge  of  the 
Secretary  at  War,  who  shall  perform  hereafter  all  duties  assigned  by 
the  above  mentioned  chapter  to  the  Minister  of  the  Interior. 

SECTION  2.  All  monies  henceforth  appropriated  by  the  Legislature 
for  Public  Improvements,  shall  be  drawn  from  the  Treasury  aud  ex- 
pended under  the  direction  of  the  Secretary  at  War,  who  shall  ac- 
count for  the  same  in  his  annual  report. 

SECTION  3.  This  Act  shall  take  effect  from  and  after  the  day  of  its 
passage;  and  all  laws  and  parts  of  laws  in  conflict  therewith  shall  be, 
and  are  hereby  repealed. 

Approved  this  l&th  day  of  June,  1855. 

KAMEHAMEHA. 

VICTORIA  K.  KAAHUMANU. 


30  TO  NEGOTIATE  A  LOAN.  SESS. 


AN  ACT 

TO  AUTHORIZE  THE  MINISTER  OF  FINANCE  TO  NEGOTIATE  A  LOAN. 

BE  IT  ENACTFD  %  the  Kins;,  the  Nobles  and  Representatives  cfthe  Ha- 
waiian Islands,  in  Ltgislalivt  Council  assembled: 

SECTION  I.  That  it  shall  he  lawful  for  the  Minister  of  Finance  by 
and  with  the  advice  and  approval  of  His  Majesty  and  Privy  Council, 
to  negotiate  a  loan  by  the  issue  of  exchequer  bills,  or  in  any  other 
mode  deemed  best,  for  a  sum  not  exceeding  One  Hundred  and  Fifty 
Thousand  d'»llars. 

SECTION  2.  The  amount  arising  from  the  aforesaid  loan  shall  be  ap- 
propriated for  the  objects  and  improvements  provided  for  by  law. 

SECTION  3.  This  Act  shal'  take  effect  from  and  after  the  date  of  its 
publication  in  the  Polynesian  newspaper. 
Approved  this  25/A-  day  oj  June,  1855. 

KAMEHAMEHA. 

VICTORIA  K.  KAAHUMANU. 


1855.  REGULATING  PROCEEDINGS  IN  COURTS.  31 


AN  ACT 

TO  AMEND  THE  STATUTES   REGULATING   PROCEEDINGS   IN  COURTS   OF 

LAW. 

BE  IT  ENACTED  by  lh".  Kino;,  ike  .Vobhs  and  Representatives  of  the  Ha- 
waiian Islands  in  Legislative  Council  assembled: 

SECTION  I.  That  all  the  proceedings  authorized  and  prescribed  by 
Section '23  of  chapter  4  of  an  act  to  organize  the  Judiciary  Department, 
may  be  had  before  any  Judge  at  chambers  authorized  to  hold  the 
court  iti  whicli  a  suit  may  be  pending,  and  said  Judge  is  hereby  em- 
powered at  chambers  to  discharge  all  the  duties  imposed  on  the  court 
by  said 'section. 

SECTION  2  That  so  much  of  Section  20  of  Chapter  4  of  the  Act 
to  organize  the  Judiciary  Department  as  declares,  "  that  in  no  case 
purely  between  foreigners  in  ifcich  the  property  in  any  foreign  vessel 
is  concerned,  shall  it  be  lawful  to  entertain  any  bill  of  foreclosure,  or 
in  the  nature  of  libel  in  admiralty  without  the  previous  written  request 
of  the  Representative  of  the  nation  whose  subject  or  citizen  is  con- 
cerned, or  whose  vessel  is  sought  to  be  attached  or  libelled  and  sold 
or  foreclosed,"  be  and  the  same  is  hereby  repealed. 

SECTION  3.  This  Act  shall  take  effect  from  and  after  the  date  of  its 
publication  in  the  Polynesian  newspaper. 
Approved  this  25/fe  day  of  June,  1355. 

KAMEHAMEHA. 
VICTORIA  K.  KAAHUMANO. 


KM.ATIM:  TO  .\.\TI\  r,  SKA.MAN.  SKSS. 

I 


AN  ACT 
TO  REGULATE  THE  SHIPPING  AND  DISCHARGE  OF  NATIVE  SKAMKN. 

BE  IT  ENACTED  by  the  King,  the  Nobles  and  Representatives  of  the  Ha- 
waiian Islands  in  Legislative  Council  assembled: 

SECTION  1.  The  Minister  of  the  Interior  shall  appoint  in  each  of  the 
ports  of  Honolulu,  Oahu — Lahaina^Maui,  and  Hilo,  Hawaii,  an  offi- 
cer in  whose  presence,  or  in  the  presence  of  whose  deputy,  all  native 
seamen  of  this  kingdom  shall  be  shipped,  paid  off  and  discharged. 
The  said  officer  shall  give  a  bond  to  the  Governor  in  the  sum  of 
Two  Thousand  Dollars  for  the  faithful  performance  of  his  duties. 

SECTION  2.  When  any  native  seaman  is  discharged  from  any  whale- 
ship,  or  other  vessel,  the  captain  thereof  shall  exhibit  to  the  officer  so 
appointed,  or  to  his  deputy,  previous  to  settlement,  a  detail  of  the 

^^ 

debts  incurred  by  such  seaman  to  the  4Bi  captain,  and  the  amount  of 

^F 

the  pay  due  by  him  to  the  said  seaman  to  be  certified  on  oath  admin- 
istered by  said  officer  if  required. 

SECTION  3.  The  above  mentioned  Shipping  Officer  shall  be  empow- 
ered to  make  all  agreements  between  the  masters  of  vessels  and  native 
seamen,  on  being  required  so  to  do  by  the  seaman  about  to  ship. 

SECTION  4.  The  §aid  officer  shall  receive  fifty  cents  for  each  sea- 
man shipped  or  discharged  before  him,  and  five  per  cent,  on  the 
amount  paid  to  .each  seaman;  which  compensation  shall  be  in  lieu  of 
pay  for  all  services  rendered.  The  expense  of  shipping  shall  be  borne 
by  the  vessel. 

SECTION  5.  It  shall  moreover  be  the  duty  of  the  said  officer  to  keep 
all  bonds  for  the  return  of  native  seamen  enlisted  for  foreign  voyages, 
as  by  the  present  laws  provided,  and  upon  the  expiration  of  the  time 
specified  in  any  such  bond  it  shall  be  his  duty  to  forward  such  bond  to 
the  Governor  of  the  Island  where  he  is  situated,  and  at  the  same  time 
notify  him  that  its  term  has  expired. 


RELATING  TO  NATIVE  SEAM  K\.  33 

SECTION  6.  The  Governor  upon  receiving  any  such  bond,  shall  with- 
in three  days  thereafter  place  it  in  the  hands  of  the  Government  At- 
torney of  the  district  for  prosecution,  and  such  attorney  shall  prose- 
cute the  same  within  twenty  days  after  receiving  it. 

SECTION  7.  It  shall  not  be  lawful  for  the  Shipping  Officer  to  ship 
any  native  seaman  for  a  foreign  voyage  to  exceed  two  years. 

SECTION  8.  In  case  of  the  death  of  any  seaman  during  the  voyage, 
said  Shipping  Officer  shall  be  empowered  to  demand  and  receive,  on 
the  return  of  the  vessel  on  which  the  deceased  seaman  enlisted,  the 
amount  of  wages  or  pay  due  said  seaman,  and  to  pay  it  over  to  his 
legal  representatives. 

SECTION  9.  All  laws  and  parts  of  laws  now  existing  in  contravention 
of  this  act  shall  be  and  are  hereby  repealed. 

SECTION  10.  This  act  shall  take  effect  from  the  day  of  its  publica- 
tion in  the  Polynesian  newspaper  and  the  Elele. 
Approved  this  25fA,  day  of  June,  A.  D.  1855. 

KAMEHAMEHA. 

VICTORIA  K.  KAAHUMANU. 
5 


34  RESPECTING  RESERVOIRS  AND  HYDRANTS.  SESS. 


AN  ACT 

RESPECTING  THE  RESERVOIRS  AND  HYDRANTS  IN  THE  CITY  OF 
HONOLULU. 

BE  IT  ENACTED  by  the  King,  the  Nobles  and  Representatives  of  the  Ha- 
waiian Islands,  in  Legislative  Council  assembled: 

SECTION  1.  That  from  and  after  the  passage  of  this  act  the  Sheriff 
of  Oahu,  at  Honolulu,  shall  have  charge  of  the  Hydrants  and  Res- 
ervoirs belonging  to  the  government  in  Honolulu. 

SECTION  2  That  it  shall  be  the  duty  of  the  Sheriff  of  Oahu,  at  Ho- 
nolulu, in  person  or  by  his  deputies  to  inspect  all  Hydrants  and  Res- 
ervoirs of  water  belonging  to  the  government  in  the  city  of  Honolulu, 
at  least  once  every  week,  and  to  report  all  damages  sustained  and 
repairs  necessary  for  the  same  to  the*  superintendent  of  public  works, 
who  shall  cause  such  damages  to  be  immediately  repaired. 

SECTION  3.  That  the  Minister  of  the  Interior  be  hereby  authorized 
to  draw  on  the  Minister  of  Finance  from  time  to  time,  for  a  sufficient 
amount  to  keep  the  aforesaid  Hydrants  and  Reservoirs  in  efficient  re- 
pair. 

Approved  this  25th  day  of  June,  1855. 

KAMEHAMEHA. 

VICTORIA  K.  KAAHUMANU. 


1855.  NHW  MARKET  IN  HONOLULU.  35 


AN  ACT 
PROVIDING  FOR  A  NEW  MARKET  IN  THE  CITY  OF  HONOLULU. 

BE  IT  EXACTED  by  the  King,  the  Nobles  and  Representatives  of  the  Ha- 
waiian Islands  in  Legislative  Council  assembled: 

SECTION  1.  By  this  act,  the  space  between  the  Flour  Mill  and  the 
water,  the  boundaries  of  which  are  to  be  distinctly  marked  out  by  the 
Minister  of  the  Interior,  shall  be  reserved  for  and  used  as  a  market, 
for  the  use  and  convenience  of  the  inhabitants  of  the  above  mentioned 
city,  and  the  present  rules  and  regulations  for  the  government  of  the 
present  market,  shall  be  applied  to  the  one  authorized  under  this  act. 

SECTION  2.  This  act  shall  go  into  effect  from  and  after  the  day  of 
its  passage. 

Approved  this  25/A,  day  of  June,  A.  D.  1856. 

KAMEHAMEHA. 

VICTORIA  K.  KAAHUMANU. 


RELATING  TO  THE  PUBLIC  HEALTH.  SESS. 


AN  ACT 
RELATING  TO  THE  PUBLIC  HEALTH. 

BE  IT  ENACTED  by  the  King,  the  Nobles  and  Representatives  of  the  Ha- 
waiian Islands  in  Legislative  Council  assembled: 

SECTION  1.  There  shall  be  appointed  by  the  King,  with  the  advice 
and  consent  of  His  Privy  Council,  a  Board  of  Health  consisting  ol 
three  persons,  to  serve  during  the  King's  pleasure,  who  shall  be  charg- 
ed with  the  general  oversight  and  care  of  the  public  health,  shall 
keep  regular  records  of  their  proceedings,  and  shall  discharge  the 
several  duties  prescribed  in  the  following  sections. 

SECTION  2.  It  shall  be  the  duty  of  said  Board  to  make  and  publish, 
from  time  to  time,  such  regulations  for  the  public  health,  both  sanitary 
and  quarantine,  not  in  conflict  with  the  laws  of  this  kingdom,  as  it 
may  think  wise  and  expedient,  and  impose  the  same  by  proper  fines 
and  penalties  through  the  regular  courts,  provided  that  such  regula- 
tions shall  be  subject  to  the  approval  of  the  King  in  council. 

SECTION  3.  The  Board  of  Health  is  authorized  and  empowered  to 
appoint  suitable  agents  in  such  localities  on  the  Islands  as  it  may  deem 
necessary,  and  invest  them  with  authority  to  carry  into  effect  the 
aforesaid  regulations  for  the  public  health,  and  shall  hold  such  agents 
accountable  for  all  monies  received  and  disbursed  by  them,  on  account 
of  the  public  health,  and  for  the  manner  in  which  they  may  discharge 
their  several  duties. 

SECTION  4*  It  shall  be  the  duty  of  said  Board,  in  person  or  by  its 
duly  authorized  agent,  to  examine  all  residences  or  places  where  there 
may  be  reported  or  suspected  to  exist  any  nuisance  deleterious  to  the 
public  health,  and  when  satisfied  that  such  nuisance  does  exist,  to 
cause  it  to  be  removed  at  the  expense  of  the  owner  of  the  premises, 
or  if  on  public  ground  at  the  expense  of  the  government 


RELATING  TO  THE  PUBLIC  HEALTH.  37 

SECTION  5.  It  shall  be  the  duty  of  the  Marshal,  all  sheriffs  and  pre- 
fects of  police,  physicians  and  constables,  to  report  to  the  Board  of 
Health  or  its  nearest  authorized  agent,  the  existence  of  any  such 
nuisance  of  which  either  of  them  may  be  cognizant,  as  soon  as  possi- 
ble after  it  shall  come  to  the  knowledge  of  either  of  them. 

SECTION  6.  It  shall  be  the  duty  of  every  practicing  physician  to  re- 
port to  the  Board  of  Health,  or  its  nearest  agent,  in  writing,  every 
patient  he  may  have  laboring  under  any  malignant  disease  highly  dan- 
gerous to  the  public  health,  within  twenty-four  hours  after  he  shall  be 
satisfied  of  the  nature  of  said  disease;  also  during  the  prevalence  of 
any  malignant  disease  to  repoit  to  the  said  Board,  or  its  agent,  every 
case  of  death  which  takes  place  in  his  practice  from  such  disease 
within  twenty  four  hours  after  it  shall  have  occurred. 

SECTION  7.  It  shall  be  the  duty  of  every  head  of  a  family,  keeper 
of  a  boarding  or  lodging  house,  or  master  of  a  vessel  in  any  harbor 
of  these  Islands,  to  report  to  said  Board  of  Health  or  its  nearest 
agent,  the  name  of  any  person  in  or  about  their  houses  or  vessel  whom 
they  shall  have  reason  to  believe  to  be  sick  with  malignant  disease, 
within  six  hours  after  its  occurrence;  and  the  Board  of  Health  shall 
have  power  to  remove  all  cases  of  malignant  disease  to  a  more  suita- 
ble place,  when  the  health  of  the  people  in  the  vicinity  shall  require 
it. 

SECTION  8.  For  the  purpose  of  carrying  into  effect  the  several  pro- 
visions of  this  act,  the  Board  of  Health  are  hereby  authorized  and 
empowered  to  draw  from  the  King's  treasury  all  sums  of  money  that 
may  be  appropriated  by  the  Legislature  for  the  good  of  the  public 
health,  and  disburse  it  for  the  several  objects  for  which  it  shall  have 
been  appropriated;  and  in  case  pestilence  or  contagious  disease  shall 
visit  the  nation,  said  Board  is  empowered  to  draw  from  the  public 
treasury  such  sums  of  money  as  may  be  from  time  to  time  appropri- 
ated by  the  King  in  council  for  the  purchase  of  medicines,  procuring 
the  services  of  physicians,  nurses  and  attendants,  the  erection  of  hos- 
pitals, supplying  necessary  food,  clothing  and  lodging  for  the  desti- 
tute sick,  the  interment  of  the  dead,  or  any  other  measures  they  may 
deem  necessary  to  protect  the  lives  and  health  of  the  people  during 
the  prevalence  of  said  disease;  provided  that  in  all  cases  said  Board 


gg  RELATING  TO  THE  PUBLI'J  HEALTH.  SESS. 

shall  observe  the  strictest  economy  in  their  expenditures;  and  provid- 
ed moreover  that  in  presenting  their  drafts  to  the  Minister  of  Finance 
for  payment,  they  shall  be  accompanied  with  an  account  current  show- 
ing the  objects  for  which  the  money  is  to  be  used,  and  satisfactory 
vouchers  for  the  same. 

SECTION  9.  The  Board  of  Health  aforesaid  shall  make  a  full  and 
detailed  report  of  its  transactions  and  business  to  the  Legislature  of 
each  year,  embodying  an  account  of  its'rcceipts  and  expenditures, 
through  the  Minister  of  the  Interior.  It  shall  also,  during  the  preva- 
lence of  severe  pestilence  or  epidemic,  furnish  for  publication  each 
week  a  report  of  the  health  of  the  population. 

SECTION  10.  In  case  any  monies  are  expended  by  the  Board  of 
Health  for  the  sick  brought  into  this  kingdom  in  vessels  from  abroad, 
it  shall  be  the  duty  of  said  Board,  or  their  authorized  agent,  to  de- 
mand the  same  of  the  captain  of  the  vessel  in  which  such  sick  person 
was  brought,  and  unless  paid  upon  request,  the  Collector  of  Customs 
shall  not  grant  a  clearance  to  such  vessel  until  the  same  is  paid;  the 
master  shall  be  held  liable  for  the  said  amount,  and  may  be  sued  for 
the  same  in  the  courts  of  this  kingdom. 

SECTION  11.  For  the  purpose  of  removing  filth  injurious  to  the  pub- 
lic health  from  houses,  towns  and  villages,  to  a  suitable  distance,  or 
filling  up  pits  or  ponds  where  such  filth  may  be  deposited,  it  shall  be 
lawful  for  the  Board  of  Health  to  require  of  the  several  governors  of 
Islands  to  cause  the  prisoners  under  their  charge  to  aid  them  in  such 
work  and  to  such  an  extent  as  said  Board  may  deem  necessary. 

SECTION  12.  This  act  shall  take  effect  and  become  a  law  on  the  day 
of  its  passage;  and  an  act  entitled  "A  law  establishing  a  Board  of 
Health,"  confirmed  by  the  Legislature  on  the  8th  day  of  May,  1851, 
and  also  "  An  act  relating  to  the  Public  Health,"  approved  May  16th, 
1853,  and  all  other  laws  or  parts  of  laws  contravening  this  act  are 
hereby  repealed. 

Approved  this  25/fo  day  oj*June,  1855. 

KAMEHAMEHA. 

VICTORIA  K.  KAAHUMANU. 


1855.  SHIPPING  OF  FOREIGN  SEAMEN.  39 


AN  ACT 

TO  REGULATE  THE  SHIPPING  OF  FOREIGN  SEAMEN   IN   THE  PORTS  OF 
HONOLULU  AND  LAHAINA. 

BE  IT  EXACTED,  by  the  King,  the  Nobles  and  Representatives  of  the  Ha- 
waiian Islands  in  Legislative  Council  assembled: 

SECTION  1.  That  it  shall  be  the  duty  of  the  Governors  of  Oahu  and 
Maui  from  year  to  year  t8  graat  to  any  person  applying  therefore,  a 
license  to  establish  a  Shipping  Office  for  foreign  seamen  at  the  ports 
of  Honolulu  and  Lahaina. 

SECTION  2.  Before  granting  a  license  to  keep  a  shipping  office  the 
said  Governors  shall  receive  at  the  hands  of  the  applicant  the  sum  of 
forty  dollars  for  the  use  of  the  Royal  Exchequer,  as  license  money, 
and  they  shall  receive  at  the  hands  of  the  said  applicant  a  bond  with 
at  least  two  good  and  sufficient  sureties,  to  be  approved  by  the  said 
Governors,  in  the  penal  sum  of  two  thousand  dollars,  which  bond  shall 
be  in  the  following  form,  and  upon  the  following  condition: — 

Know  all  men  by  these  presents  that  we principal,  and 

,  sureties,  residing  at  — in  the  Island   of 

Hawaiian  Islands,  are  held  and  firmly  bound  unto  His  Excellency 
,  Governor  of ,  for  the  use  of  the  Hawaiian  Gov- 
ernment in  the  penal  sum  of  two  thousand  dollars,  lawful  money,  to 
be  levied  of  our  respective  joint  and  several  property,  in  case  the 
condition  herein  setforth  shall  be  violated.  For  the  just  and  full  pay 
ment  of  which  we  hereby  jointly  and  severally  bind  ourselves,  our 
heirs,  executors  and  administrators. 

Sealed  with  our  seals,  and  dated  this day  of ,  185  . 

The  condition  of  the  above  obligation  is,  that  whereas  the  above 
bounden  principal,  has  this  day  obtained  a  license  to  keep  a  shipping 
office  for  foreign  seamen  for  the  term  of  one  year  from  the  date  here- 
of; now  if  he  shall  not  during  the  continuance  of  his  said  license  de- 
mand or  receive  more  than  three  dollars  as  a  shipping  fee,  nor  more 


40  smrriNG  OP  FOREIGN  SEAMEN.  SESS. 

than  ten  per  cent,  of  the  amount  advanced  as  a  surety  fejj  from  any 
sailor  shipped  at  his  office;  and  if  he  shall  at  no  time  make  default  in 
repaying  to  any  and  every  captain  and  agent  the  amount  advanced  by 
them  on  account  of  any  sailor,  who  has  failed  to  sail  on  board  their 
vessel,  and  for  whom  he  may  have  become  surety;  and  if  he  shall  in 
no  instance  ship  a  sailor  who  has  not  a  permit  from  the  Harbor  Mas- 
ter, then  this  obligation  to  be  void;  otherwise,  upon  proof  being  made 
to  a  Police  Justice,  without  the  intervention  of  a  jury,  as  prescribed 
in  the  "  Act  to  organize  the  Judiciary  Department,"  the  penalty  men- 
tioned in  the  above  bond  shall  be  forfeited,  and  the  license  on  which 
it  is  predicated  revoked. 

SECTION  3.  It  shall  be  the  duty  of  every  Chipping  master  to  demand 
and  receive  the  Harbor  Master's  Permit  from  every  seaman  whom  he 
may  ship,  and  place  the  same  at  the  disposal  of  the  Marshal  of  the 
Hawaiian  Islands  or  his  Deputy;  and  the  shipping  master  shall  de- 
liver to  such  seaman  a  certificate  of  his  shipment,  stating  the  name  of 
the  ship  on  which  he  has  engaged  to  serve,  and  the  time  at  which  he 
is  to  render  himself  on  board;  proyided  always  that  nothing  in  this 
act  contained  shall  be  so  construed  as  to  forbid  captains  of  vessels 
from  shipping  foreign  seamen  for  their  own  vessels,  without  the  inter- 
vention of  the  shipping  masters  provided  for  in  this  law. 

SECTION  4.  Whoever  shall  ship  a  foreign  seaman  without  a  license 
as  herein  provided,  shall  be  subject  to  a  fine  of  one  hundred  dollars 
for  each  offense  upon  conviction  thereof  before  a  Police  Justice. 

SECTION  5.  This  act  shall  take  effect  from  and  after  the  first  day  of 
September,  1855. 

Approved  this  23d  day  of  July,  IS55. 

KAMEHAMEHA. 

VICTORIA  K.  KAAHUMANU. 


Cu.X.-TITL'TiOX. 


ARTICLES 

OF  AMKNDMKXi'  OF  THE  CONSTITUTION   OF  THIS    KINGDOM  PROPOSED 
AND  AGREED  TO,  PURSUANT  TO  THE  lO'vrH  ARTICLE  OF  THE 
ORIGINAL  CONSTITUTION. 

ARTICLE  1.  Article  27  is  hereby  amended  in  the  native  version  only, 
by  striking  out  the  words'  "  Alihikaua,"  and  by  inserting  the  words 
"  Ka  Luna  Nui,"  PO  that  the  article  as  amended  will  read  as  follows: 

"  O  ke  Alii  ka  luna  nui,  tnaluna  o  na  koa  a  me  na  manua  a  me  na 
mea  kaua  e  ae  ma  ka  moana  a  me  ka  aina;  a  nona  ka  mana  ma  ona 
iho,  a  ma  o  kekahi  Luna  Koa,  a  mau  luna  paha  ana  e  koho  ai,  e  ao 
a  e  hooponopono  i  ua  mau  mea  kaua  nei  mamulio  kona  manao  e  pono 
a  e  malu  ai  ke  aupuni.  Aka,  aole  e  pono  ia  ia  ka  hapai  ike  kaua  me 
ka  ae  ole  o  kona  Ahakukakukamalu." 

ARTICLE  2.  Article  '29th  is  hereby  amended  by  striking  out  the 
words  "  session  of  next  year,"  and  inserting  in  the  same  article, 
"  term  of  two  years,"  so  that  the  article  as  amended  will  read  as  fol- 
lows:— 

"  The  King,  by  and  with  the  advice  of  His  Privy  Council,  convenes 
both  Houses  of  the  Legislature  at  the  seat  of  government,  or  any 
different  place,  if  that  should  become  dangerous  from  an  enemy  or 
any  dangerous  disorder;  and  in  case  of  disagreement  between  the 
two  Houses,  or  between  His  Majesty  and  them,  He  adjourns,  pro- 
rogues or  dissolves  them,  hut  not  beyond  the  term  of  two  years;  un- 
der any  great  emergency,  He  may  convene  both  or  either  of  them  to 
extraordinary  sessions." 

ARTICLE  3.  Article  32nd  is  hereby  amended  by  striking  out  the 
words  "  appoint  and,"  so  that  the  article  as  amended  will  read  as  fol- 
lows:— 

"  He  has  the  power  by  and  with  the  advice  of  His  Cabinet,  and  the 
approval  of  His  Privy  Council,  to  remove  at  His  pleasure,  any  of  the 
•icveral  heads  of  the  Executive  Departments,  and  he  may  require  in- 
0 


4-2  AMENDMENTS  OF  COXMTITrTION.  SKSS 

formation  in  writing  from  any  of  the  officers  in  the  Executive  Depart- 
ments, upon  any  subject  relating  to  the  duties  of  their  respective  offi- 
ces." 

ARTICLE  4.  Article  43d  is  hereby  amended  by  striking  out  the  word:* 
"  whose  titles  shall  be  Highness,"  and  inserting  the  words  "  shall  be 
addressed  by  the  birth  title,  or  such  title  as  may  have  been  conferred 
by  His  Majesty,"  so  that  the  article  as  amended  will  read  as  follow?: 

"  The  King  appoints  some  Chief  of  rank  and  ability  to  be  His  Ku- 
hina  Nui,  who  shall  be  styled  the  Kuhina  Nui  of  the  Hawaiian  Islands, 
rind  shall  be  addressed  by  the  birth  title,  or  such  title  as  may  have 
been  conferred  by  His  Majesty." 

ARTICLE  5.  Article  54th  is  hereby  amended  by  striking  out  the 
words  "  an  annual,"  and  also  the  words  of  "  January  next  proceed- 
ing," and  inserting  the  words  "day  of  the  fiscal  year,"  so  that  the 
article  as  amended  will  read  as  follows: — 

"  Each  of  them  shall  make  a  report  to  the  Legislature,  made  up  to 
the  first  day  of  the  fiscal  year,  of  the  transactions  and  business  of  hirf 
department,  within  one  week  after  the  opening  of  the  Legislature." 

ARTICLE  G.  Article  61st  is  hereby  amended  by  striking  out  the 
word  "  annually,"  and  inserting  the  word  "  biennially,"  and  by  strik- 
ing out  the  words  "in  the  first  week  in  April,  and,"  and  also  the 
word  "  other,"  so  that  the  article  as  amended  will  read  as  follows: 

"  The  Legislature  Body  shall  assemble  biennially,  for  the  purpose 
of  seeking  the  welfare  of  the  nation,  at  such  time,  and  in  the  place 
that  the  King  may  judge  necessary.  This  body  shall  be  styled  the 
Legislature  of  the  Hawaiian  [slands." 

ARTICLE  7  Article  70th  is  hereby  amended  by  striking  out  the 
words  "  year  in  which  it  shall  have  been  made,"  and  inserting  in  the 
same  article,  the  words  "  term  for  which  they  shall  have  been  elect- 
ed,'.' so  that  the  article  as  amended  will  read  as  follows:  — 

"The  Members  of  the  House  of  Representatives  shall  receive  for 
their  services,  a  compensation  to  be  ascertained  by  law,  and  paid  out 
of  the  public  Treasury,  but  no  increase  of  compensation  shall  take 
effect  during  the  term  for  which  they  shall  have  been  elected;  and  no 
law  shall  be  passed  increasing  the  compensation  of  members  beyond 
the  sum  of  five  dollars  per  day.'' 


I^O.J.  AME.VOML.ViS  Of  CONSTITUTION',  jjj 

ARTICLE  8.  Article  100  is  hereby  amended  so  as  to  read  as  follows: 

"  The  Legislature  votes  the  appropriations  biennially  after  due 
consideration  of  the  revenue  and  expenditure  for  the  two  preceding 
years,  and  of  the  estimates  of  the  revenue  and  expenditure  of  the  two 
succeeding  years,  which  shall  be  submitted  to  them  by  the  Minister  of 
Finance." 

ARTICLE  9  Article  72  is  hereby  amended  by  inserting  after  the 
words  "  during  life,"  the  following,  "  unless  in  case  of  resignation,'' 
so  that  the  article  as  amended  will  read  as  follows:  — 

"  The  King  appoints  the  Members  of  the  House  of  Nobles  who  hold 
their  seats  during  life  unless  in  case  of  resignation,  subject  to  the  pro- 
visions of  Article  67,  but  their  number  shall  not  exceed  thirty." 
Approved  bij  the  King  this  23d  day  of  July,  1855. 

KAMEHAMEHA. 

VICTORIA  K.   KAAHUMANU. 


44 


TO  REUEVE  TUB  ESTATE  OF  THE  LATE    KINCI. 


JOINT  RESOLUTION 

FOR  THE  RELIEF  OF  THE  ESTATE  OF  HIS  LATE  MAJESTY  KAME- 
HAMEHA  III. 

BE  IT  ENACTED  by  the  King,  the  Nobles  and  Representatives  of  (he  Ha- 
waiian Islands  in  Legislative  Council  assembled: 

The  Minister  of  Finance  is  hereby  authorized  to  settle  the  notes 
and  accounts  of  His  late  Majesty  with  the  Hawaiian  Treasury,  to- 
gether with  all  claims  and  offsets  of  His  late  Majesty  against  said 
treasury,  and  remit  the  balance  due  from  His  late  Majesty's  estate,  to 
the  Executors  of  the  same. 

Approved  this  27/fe  day  of  June,  A.  D.  1855. 

KAMEHAMEHA. 
VICTORIA  K.  IVAAHUMANU.    ' 


JOINT  RESOLUTION. 

BE  IT  ENACTED,  by  the  ATing-,  //ie  Nobles  and  Representatives  of  the  Ha- 
louiian  Islands,  in  Legislative  Council  assembled: 

That  until  the  passage  of  the  General  Appropriation  Bill,  the  Min- 
ister of  Finance  is  authorized  to  pay  all  drafts  drawn   on   him  by  the 
Minister  of  the   Interior   for  the  necessary  expenses   of  the  Fort  of 
Honolulu,  not  exceeding  the  sum  of  Fifteen  Hundred  dollars. 
Approved  this  '23d  J3pnl,  1855. 

KAMEHAMEHA. 
VICTORIA  K.  KAAHUMAXU. 


r\\  or  MiLtr.MtY  AND  I- 


JO  [XT  RESOLUTION. 

BE  IT  Kv  ACTED  by  the  Kin:;,  the  Nobles  and   Representatives  of  the  Ha- 
waiian Islands  in  Li-»-isl/itivc  Council  assembled: 

That  the  Minister  of  Finance  shall  be  and  is  hereby  authorized, 
until  the  passage  of  the  Appropriation  Bill  for  Ib5o,  to  pay  iu  antici- 
pation nf  the  appropriations  for  support  of  military  and  police,  such 
sums  as  may  c  required  for  their  pay;  provided,  however,  that  sunn 
sums  shall  not  exceed  the  monthly  proportion  of  last  year's  appropria- 
tion. 

Approved  this  1st  day  of  May,  I85o. 

KAMEHAMEHA. 
VICTORIA  K.  KAAHUMA.NU. 


IXDEX. 


SEC.     PAGE. 
ACT, 

Appropriating  Money  for  the  Legislature  of  1855,  3 

Relating  to  the  Port  of  Hilo,  4 

To  provide  a  Police  Court  for  the  Port  of  Hilo,  5 

Relating  to  the  Census,  G 

To  Incorporate  the  Honolulu  Sailor's  Home  Society,  7 

To  Remodel  the  Department  of  Public  Instruction,  9 

To  provide  for  the  employment  of  Prisoners  on  the  Island 

of  Oahu,  10 

To  amend  the  law  relating  to  the  election  of  Represen- 
tatives of  the  People,  11 
For  the  Suppression  of  Prostitution,                                                             12 
To  amend  an  Act  relating  to  Bankruptcy,                                                    14 
To  provide  Revenue  from  Imports  and  to  chauge  and 

modify  existing  laws  imposing  duties  on  Imports,  15 

To  institute  Hospitals  for  the  Sick  Poor,  20 

Declaring  the  period  at  which  all  subjects  of  the  King         -  * 

cease  to  be  Minors  and  become  of  Legal  Age,  21 

To  regulate  the  Pay  of  Tax  Collectors,  and  to  provide 
for  an  Enumerator  of  all  Persons  and  Animals  lia- 
ble to  Taxation,  22 
Revising  a  portion  of  the  Act  making  the  Ports  of  Hilo, 
Kawaihae  and  Kealakekua  on  the  Island  of  Ha- 
waii, and  Waimea  on  the  Island  of  Kauai,  Ports 
of  Entry,  26 
To  alter  tin  act  entitled  an  act  relating  to  the  "Water 
Lots  called   Waikahalulu,  makai  of  the  Fort  of 
Honolulu,  27 
To  amend  the  law  relating  to  Appeals  from  the  Board  of 

Commissioners  to  Quiet  Laud  Titles,  28 


INDEX. 


ACT, 

To  transfer  the  Bureau  of  Public  Improvements  from  the 

office  of  the  Minister  of  the  Interior  to  the  office  of 
the  Secretary  at  War,  •_>•» 

To  authorize  the  Minister  of  Finance  to  negotiate  a  Loan  .  .'HI 

To  amend  the  Statutes  regulating  the  proceedings  in 

Courts  of  Law,  ;;l 

To  regulate   the   Shipping  and    Discharge   of  Native 

Seamen,  ;;2 

Respecting  the  Reservoirs  and  Hydrants  in  the  city  of 

Honolulu,  34 

Providing  for  a  New  Market  in  the  city  of  Honolulu,  35 

Relating  to  the  Public  Health,  30 

To  regulate  the  Shipping  of  Foreign  Seamen  in  the  ports 

of  Honolulu  and  Lahaina,  3<j 

ARTICLES 

of  Amendment  of  the  Constitution  of  this  kingdom,  41 

JOINT  RESOLUTION, 

For  the  Relief  of  the  Estate  of  His  late 

Majesty  Rame.hameha  III,  44 

Supplies  for  Prisoners,  45 

Supplies  for  the  Military  and  Police,  4o 

APPEALS  FROM  BOARD  OF  LAND  COMMISSIONERS, 

Act  to  amend  the  law  relating  to,  28 

BANKRUPTCY, 

Act  to  amend  an  act  relating  t  j,  14 

BOARD  QF  HEALTH, 

Act  to  institute  Hospitals  for  the  Sick  Poor,  20 

Act  relating  to  the  Public  Health,  30 

CENSUS, 

Act  relating  to,  6 

CONSTITUTION, 

Amendment  of,  41 

DISTRICT  JUSTICES, 

Act  to  provide  a  Police  Court  for  the  port  of  Hilo,  5 

Act  for  the  Suppression  of  Prostitution,  (  12 

Act  relating  to  Enumerators  and  Tax  Collectors,  22 

ENUMERATORS, 

Act  to  provide  for,  22 

FORT  OF  HONOLULU, 

Joint  resolution  appropriating  money  for,  45 


49 

GOVERNORS  OF  ISLANDS,  PAGE' 

Act  to  institute  Hospitals  for  the  Sick  Poor,  1  20 

Act  to  regulate  the  pay  of  Tax  Collectors  and 

to  provide  for  an  Enumerator,  22 

Act  to  regulate  the  shipping  and  discharge  of 

Native  Seamen,  30 

Act  to  regulate  the  Shipping  of  Foreign  Seamen,  39 

HIS  LATE  MAJESTY'S  ESTATE, 

Joint  Resolution  for  the  relief  of  44 

HARBOR  MASTER, 

Shipping  of  Foreign  Seamen,  39 
HOSPITALS, 

Act  to  institute,  20 
JUDICIARY, 

Act  for  the  Suppression  of  Prostitution,  12 

Act  relating  to  Bankruptcy,  2  14 

Appeals,  28 

"         "  Proceedings  in  Courts  of  Law,  31 

LEGAL  AGE, 

Act  declaring  the  period  at  which  all  subjects  be- 
come Of,  0} 
LEGISLATURE  OF  1855, 

Appropriating  money  for,  3 

LOAN, 

Act  authorizing  the  Minister  of  Finance  to  negotiate  a,  30 

MARSHAL, 

Act  providing  for  the  employment  of  Prisoners  on 

Oahu,  10 

MILITARY, 

Joint  Resolution  appropriating  money  for,  4tt 

MINISTER  OF  FINANCE, 

Authorized  to  set  apart  money  for  the  Legis- 
lature of  1855,  3 
Authorized  to  appoint  Enumerators,                                            22 
To   pay  interest  monthly  on  the  Exchequer 

Bills  given  the  Queen  Dowager,  27 

Authorized  to  negotiate  a  Loan,  ,°.o 

Authorized  to  pay  such  sums  as  may  be  appro- 
priated by  the  King  in  Council  in  case  pes. 
tilence  shall  visit  the  kingdom,  8  30 


50  INDEX 

SEC.         PAGE. 
MINISTER  OP  FINANCE, 

To  submit,  biennially,  estimates  of  the  Revenue 

and  Expenditure  to  the  Legislature,  41 

Authorized  to  settle  the  notes  and  accounts  of 

His  late  Majesty,  44 

Authorized  to  pay  drafts  drawn  by  the  Minister 
of  the  Interior  for  the  expenses  of  the  Fort 
of  Honolulu, 

Authorized  to  pay  the  Military  and  Police,  40 

MINISTER  OF  THE  INTERIOR, 

To  employ  Prisoners  on  Public  Works,  10 

To  establish  Hospitals  for  the  Sick  Poor,  20 

Authorized  to  sell  the  Lots  of  Waikahalulu,  2  27 

Bureau  of  Internal  Improvements  transferred 

to  the  Secretary  at  War,  1  29 

To  appoint  Shipping  Officers,  1  32 

To  reserve  land  for  a  New  Market,  35 

NEW  MARKET,  HONOLULU, 

Act  providing  for,  35 

POLICE, 

To  report  to  the  Board  of  Health  any  nuisance  delete- 
rious to  public  health,  5  36 
Appropriations  for,  46 
POLICE  JUSTICES,                                  ' 

Act  relating  to  Tax  Collectors  and  Enumerators,  22 

PORT  OF  HILO, 

Act  relating  to,  4 

Act  providing  a  Police  Court  for,  5 

PRISONERS  ON  OAHU, 

Act  providing  for  the  employment  of  10 

PROSTITUTION, 

Act  for  the  suppression  of,  12 

REPRESENTATIVES  OF  THE  PEOPLE, 

Act  relating  to  the  election  of,  1 1 

Shall  assemble  biennially,  G  41 

RESERVOIRS  AND  HYDRANTS, 

Act  respecting,  34 

SAILOR'S  HOME  SOCIETY, 

Incorporation  of,  7 


INDEX.  5| 

£K.       PAGI. 

SECRETARY  AT  WAR, 

To  employ  Prisoners  on  the  Public  Wbrka,  1  10 

To  perform  all  duties  prescribed  in  Chapter  3, 
Part  1,  of  the  set  to  organize  the  Execu- 
tive Departments,  1  29 
SHERIFF  OF  OAHU, 

To  take  charge  of  the  Reservoirs  and  Hydrants,  34 

SHIPPING  AND  DISCHARGE  OF  SEAMEN, 

Act  to  regulate  the  shipping  and  discharge 

of  Native  Seamen,  32 

Act  to  regulate  the  shipping  and  discharge 

of  Foreign  Seamen,  39 

TAX  COLLECTORS, 

Act  to  regulate  the  Pay  of,  22 

WAIKAHALCLU, 

Act;  relating  to  Water  Lots  at,  27 


TREATY 

BETWEEN  HIS  MAJESTY  KAMEHAMEHA  III,  KING  OF  THE  HAWAIIAN 
ISLANDS  AND  HER  MOST  GRACIOUS  MAJESTY  VICTORIA,  QUEEN  OF 
GREAT  BRITAIN  AND  IRELAND,  DEFENDER  OF  THE  FAITH  &c.  &c. 

KAMEHAMEHA  III.  King  of  the  Hawaiian  Islands,  to   all  whom  these 

presents  shall  come,  greeting: 

Whereas,  a  treaty  of  friendship,  commerce  and  navigation,  between 
Us  and  Her  most  Gracious  Majesty  the  Queen  of  Great  Britain  and 
Ireland,  Defender  of  the  Faith  &.c.  &c.,  &c.,  was  concluded  and 
signed  at  Honolulu,  on  the  tenth  day  of  July,  in  the  year  of  our  Lord, 
one  thousand  eight  hundred  and  fifty-one,  by  the  Plenipotentiaries  of 
Us  and  of  the  said  Queen  of  Great  Britain,  duly  and  respectively 
authorized  for  that  purpose,  which  treaty  is  word  for  word  as  follows: 

HER  MAJESTY  the  Queen  ofthe  United  Kingdom  of  Great  Britain  and 
Ireland,  and  His  Majesty  the  King  of  the  Hawaiian  Islands,  being 
desirous  to  maintain  and  improve  the  relations  of  good  understanding 
which  happily  subsist  between  them,  and  to  promote  the  commercial 
intercourse  between  their  respective  Subjects,  have  deemed  it  expe- 
dient to  conclude  a  Treaty  of  Friendship,  Commerce  and  Navigation, 
and  have  for  that  purpose  named  as  their  respective  Plenipotentiaries, 
that  is  to  say: — 

Her  Majesty  the  Queen  of  Great  Britain  and  Ireland,  Willliam 
Miller,  Esquire,  Her  Consul  General  for  the  Islands  in  the  Pacific 
Ocean : 

And  His  Majesty  the  King  ofthe  Hawaiian  Islands,  Robert  Crich- 
ton  Wyllie,  Esquire,  His  Minister  of  Foreign  Relations,  Member  of 
His  Privy  Council  of  State  and  of  His  House  of  Nobles: 

Who,  after  having  communicated  to  each  other  their  full  powers, 
found  to  be  in  good  and  due  form,  have  agreed  upon  and  concluded 
the  following  articles: 

Article  1.  There  shall  be  perpetual  Friendship  between  Her  Ma- 
jesty the  Queen  ofthe  United  Kingdom  of Gceat  Britain  and  Ireland, 
Her  Heirs  and  Successors,  and  the  King  of  the  Hawaiian  Islands, 
His  Heirs  and  Successors,  and  between  their  respective  Subjects. 

Article  2.  There  shall  be  between  all  the  Dominions  of  Her  Brit- 
annic Majesty,  and  the  Hawaiian  Inlands,  a  reciprocal  freedom  of 
commerce.  The  Subjects  of  each  ofthe  two  Contracting  parties,  re- 
spectively, shall  have  liberty  freely  and  securely  to  come  with  their 
Ships  and  Cargoes,  to  all  places,  ports  and  rivers  in  the  Territories 
ofthe  other,  where  trade  with  other  Nations  is  permitted.  They  may 
remain  and  reside  in  an\  part  ofthe  said  Territories  respectively,  and 
8 


54 

hire  and  occupy  houses  and  warehouses;  arid  may  trade,  hy  wholesale 
or  retail,  in  all  kinds  of  produce,  manufactures,  and  merchandise  of 
lawful  commerce;  enjoying  the  same  exemptions  and  privileges  as 
Native  Subjects,  and  subject  always  to  the  same  laws  and  established 
customs  as  Native  Subjects. 

In  like  manner,  the  Ships  of  War  of  each  contracting  party,  res- 
pectively, shall  have  liberty  to  enter  into  all  Harbors,  Rivers,  and 
Places,  within  the  Territories  of  the  other,  to  which  the  Ships  of  War 
of  other  nations  are  or  may  be  permitted  to  come,  to  anchor  there, 
and  to  remain,  and  refit;  subject  always  to  the  laws,  and  regulations 
of  the  two  countries  respectively. 

The  stipulations  of  this  article  do  not  apply  to  the  Coasting  trade, 
which  each  Contracting  party  reserves  to  itself,  respectively,  and 
shall  regulate  according  to  its  own  laws. 

.Jr/ic/e  3.  The  two  Contracting  Parties  hereby  agree  that  any  fa- 
vor, privilege,  or  immunity  whatever,  in  matters  of  commerce  or  nav- 
igation, which  either  contracting  party  has  actually  graifted,  or  may 
hereafter  grant,  to  the  Subjects  or  Citizens  of  any  other  State,  shall 
be  extended  to  the  Subjects  or  Citizens  of  the  other  Contracting  par- 
ty, gratuitously  if  the  concession  in  favor  of  that  other  State  shall  have 
been  gratuitous,  or  in  return  for  a  compensation  as  nearly  as  possible 
of  proportionate  value  and  effect,  to  be  adjusted  by  mutual  agreement, 
if  the  concession  shall  have  been  conditional. 

Article  4.  No  other  or  higher  duties  shall  be  imposed  on  the  im- 
pbrtation  into  the  Dominions  of  Her  Britannic  Majesty,  of  any  article 
the  growth,  produce  or  manufacture  of  the  Hawaiian  Islands,  and  no 
other  or  higher  duties  shall  be  imposed  on  the  importation  into  the 
Hawaiian  Islands,  of  any  article  the  growth,  produce,  or  manufacture 
of  Her  Britannic  Majesty's  Dominions,  than  are  or  shall  be  payable 
on  the  like  article,  being  the  growth,  produce  or  manufacture  of  any 
other  Foreign  Country. 

Nor  shall  any  other  or  higher  duties  or  Charges  be  imposed,  in  the 
Territories  of  either  of  the  Contracting  parties  on  the  exportation  of 
any  article  to  the  Territories  of  the  other,  than  such  as  are  or  may  be 
payable,  on  the  exportation  of  the  like  article,  to  any  other  Foreign 
Country.  No  prohibition  shall  be  imposed  upon  the  importation  of 
any  article,  the  growth,  produce,  or  manufacture  of  the  Territories  of 
either  of  the  two  contracting  parties,  into  the  Territories  of  the  other, 
which  shall  not  equally  extend  to  the  importation  of  the  like  articles, 
being  the  growth,  produce  or  manufacture  of  ony  other  Country.  Nor 
shall  any  prohibition  be  imposed  upon  the  exportation  of  any  article 
from  the  Territories  of  either  of  the  two  Contracting  Parties  to  the 
Territories  of  the  other,  which  shall  not  equally  extend  to  the  export- 
ation of  the  like  article  to  the  Territories  of  all  other  Nations. 

JJrticle  5.  No  other  or  higher  duties  or  charges  on  account  of  ton- 
nage, light,  or  harbor  dues,  pilotage,  quarantine,  salvage  in  case  of 
damage  or  shipwreck,  or  any  other  local  charges,  shall  be  imposed, 
in  any  of  the  Ports  of  the  Hawaiian  Islands  on  British  Vessels,  than 
those  payable  in  the  same  Ports  by  Hawaiian  Vessels,  nor  in  the  Ports 


of  Her  Britannic  Majesty's   Territories,    on   Hawaiian   Vessels  than 
shall  be  payable  in  the  same  Ports  on  British  Vessels. 

Jirlidc.  6.  The  same  duties  shall  be  paid  on  the  importation  of  any 
article  which  is  or  rnay  he  legally  importable  into  the  Hawaiian  Isl- 
ands, whether  such  importation  shall  be  in  Hawaiian  or  in  British 
\  essrls;  and  the  same  duties  shall  be  paid 'on  the  importation  of  any 
article  which  is  or  may  be  legally  importable  into  the  Dominions  of 
Her  Britannic  Majesty,  whether  such  importation  shall  be  in  British 
or  in  Hawaiian  Vessels.  The  same  duties  shall  be  paid,  and  the  same 
bounties  and  drawbacks  allowed;  on  the  exportation  of  any  article 
which  is  or  may  be  legally  exportable  from  the  Hawaiian  Islands 
whether  such  exportation  shall  be  in  Hawaiian  or  in  British  Vessels; 
and  the  same  duties  shall  be  paid,  and  the  same  bounties  and  draw 
backs  allowed,  on  the  exportation  of  any  article  which  is  or  may  be 
legally  exportable  from  Her  Britannic  Majesty's  Dominions,  whether 
such  shall  be  in  British  or  in  Hawaiian  Vessels. 

Article.  7  British  Whale  ships  shall  have  access  to  the  Ports  of 
Hilo,  Kealakekua,  and  Hanalei  in  the  Sandwich  Islands,  for  the  pur- 
pose of  refitment  and  refreshment,  as  well  as  to  the  Ports  of  Honolulu 
and  Lahaina,  which  two  last  mentioned  Ports  only  are  Ports  of  entry 
for  all  merchant  Vessels;  and  in. all  the  above  named  Ports,  they  shall 
be  permitted  to  trade  or  to  barter  their  supplies  or  goods,  excepting 
spirituous  liquors,  to  the  amount  of  two  hundred  dollars  ad  valorem  for 
each  vessel  without  paying  any  charge  for  tonnage,  or  for  harbor 
dues  of  any  description,  or  any  duties  of  imposts  whatever  upon  the 
goods  or  articles  so  traded  or  bartered.  They  shall  also  be  permitted 
with  the  like  exemption  from  all  charges  for  tonnage  and  harbor  dues, 
further  to  trade  or  barter,  with  the  same  exemption  as  to  spirituous 
liquors,  to  the  additional  amount  of  one  thousand  dollars  ad  valorem, 
for  each  vessel,  paying  on  the  additional  goods  and  articles  so  traded 
and  bartered,  no  other  or  higher  duties  than  are  payable  on  like  goods 
and  articles  when  imported  in  national  vessels  and  b'y  native  subjects. 
They  shall  also  be  permitted  to  pass  from  Port  to  Port  of  the  Sand- 
wich Islands  for  the  purpose  of  procuring  refreshments,  but  they  shall 
not  discharge  their  seamen  or  land  their  Passengers  in  the  said  Isl- 
ands except  at  Honolulu  and  Lahaina,  and  in  all  the  Ports  named  in 
this  article,  British  Whale  ships  shall  enjoy,  in  all  respects  whatsoev- 
er, all  the  rights,  privileges,  and  immunities  which  are  and  may  be 
enjoyed  by  national  Whale  ships  or  by  whaleships  of  the  mos,t  favored 
nation. 

The  like  privilege  of  frequenting  the  three  Ports  of  the  Sandwich 
Islands  named  in  this  article,  which  are  not  Ports  of  entry  for  Mer- 
chant Vessels,  is  also  guaranteed  to  all  the  public  armed  vessels  of 
Great  Britain.  But  nothing  in  this  article  shall  be  construed  as  au- 
thorizing any  British  Vessel  having  on  board  any  disease  usually  re- 
garded as  requiring  quarantine,  to  enter,  during  the  continuance  of 
any  such  disease  on  board,  any  Ports  of  the  Sandwich  Islands  other 
than  Honolulu  or  Lahaina. 

Article  8.  All  Merchants,  comrranders  of  ships,  and  others,  the 
Subjects  of  Her  Britannic  Majesty,  shall  have  full  liberty,  in  the  Ha- 


56 

waiian  Islands  to  manage  their  own  affairs  themselves,  or  to  commit 
them  to  the  management  of  whomsoever  they  please,  as  Broker,  Fac- 
tor, Agent,  or  Interpreter;  nor  shall  they  be  obliged  to  employ  any 
other  persons  than  those  employed  by  Hawaiian  Subjects,  nor  to  pay 
to  such  persons  as  they  shall  think  fit  to  employ,  any  higher  salary  or 
remuneration  than  such  as  is  paid,  in  like  cases,  by  Hawaiian  Sub- 
jects. British  Subjects  in  the  Hawaiian  Islands  shall  be  at  liberty  to 
buy  from  and  to  sell  to  whom  they  like,  without  being  restrained  or 
prejudiced  by  any  monopoly,  contract  or  exclusive  privilege  of  sale 
or  purchase  whatever;  and  absolute  freedom  shall  be  allowed  in  all 
cases  to  the  buyer  and  seller,  to  bargain  and  fix  the  price  of  any 
goods,  wares,  or  merchandise,  imported  into,  or  exported  from  the 
Hawaiian  Islands,  as  they  shall  see  good;  observing  the  laws  and  es- 
tablished customs  of  those  Islands.  The  same  privileges  shall  be  en- 
joyed in  the  Dominions  of  Her  Britannic  Majesty,  by  Hawaiian  Sub- 
jects, under  the  same  conditions. 

The  Subjects  of  either  of  the  contracting  Parties,  in  the  Territories 
of  the  other,  shall  receive  and  enjoy  full  and  perfect  protection  for 
their  persons  and  property,  and  shall  have  free  and  open  access  to  the 
Courts  of  Justice  in  the  said  Countries,  respectively,  for  the  prosecu- 
tion and  defence  of  their  just  rights;  and  they  shall  be  at  liberty  to 
employ,  in  all  causes  the  Advocates,  Attorneys  or  Agents  of  whatev- 
er description,  whom  they  may  think  proper;  and  they  shall  enjoy  in 
this  respect  the  same  rights  and  privileges  as  Native  Subjects. 

Article  9.  In  whatever  relates  to  the  Police  of  the  Ports,  the 
lading  and  unlading  of  Ships,  the  warehousing  and  safety  of  merchan- 
dise, goods,  and  effects,  the  succession  to  personal  estates  by  will  or 
otherwise,  and  the  disposal  of  personal  property  of  every  sort  and  de- 
nomination by  sale,  donation,  exchange  or  testament,  or  in  any  other 
manner  whatsoever,  as  also  with  regard  to  the  administration  of  Jus- 
tice, the  Subjects  of  each  Contracting  Party  shall  enjoy,  in  the  Terri- 
tories of  the  other,  the  same  priviliges,  liberties,  and  rights,  as  Native 
Subjects;  and  they  shall  not  be  charged,  in  any  of  these  respects, 
with  any  other  or  higher  imposts  or  duties,  than  those  which  are  or 
may  be  paid  by  Native  Subjects:  subject  always  to  the  local  laws  and 
regulations  of  such  Territories. 

In  the  event  of  any  Subject  of  either  of  the  two  Contracting  part- 
ies dying  without  Will  or  Testament,  in  the  Territories  of  the  other 
Contracting  party,  the  Consul  General,  Consul,  or  Acting  Consul  of 
the  nation  to  which  the  deceased  may  belong,  shall, -so  far  as  the 
Laws  of  each  Country  will  permit,  take  charge  of  the  property 
which  the  deceased  may  have  left,  for  the  benefit  of  his  lawful  Heirs 
and  Creditors,  until  an  Executor,  or  Administrator  be  named  accord- 
ing to  the  laws  of  the  Country  in  which  the  death  shall  have  taken 
place. 

Article  10.  The  Subjects  of  Her  Britannic  Majesty  residing  in  the 
Hawaiian  Islands,  and  Hawaiian  Subjects  residing  in  the  Dominions 
oif  Her  Britannic  Majesty,  shall  be  exempted  from  all  compulsory 
Military  Service  whatsoever,  whether  by  Sea  or  Land,  and  from  all 


67 

forced  Loans,  or  Military  Exactions  or  Requisitions;  and  thev  shall 
not  be  compelled,  under  any  pretext  whatsoever,  to  pay  any  ordinary 
Charges,  Requisitions,  or  Taxes,  other  or  higher  than  those  that  are, 
or  may  be,  paid  by  Native  Subjects. 

Article  11.  It  is  agreed  and  covenanted  that  neither  of  the  two 
Contracting  Parties  shall  knowingly  receive  into,  or  retain  in,  its  ser- 
vice, any  Subjects  of  the  other  party,  who  have  deserted  from  the 
Naval  or  Military  Service  of  that  other  party;  but  that,  on  the  con- 
trary, each  of  the  Contracting  Parties  shall  respectively  discharge 
from  its  Service  any  such  deserters,  upon  being  required  by  the  other 
Party  so  to  do. 

And  it  is  further  agreed,  that  if  any  of  the  Crew  shall  desert  from 
a  vessel  of  \Yar  or  Merchant  vessel  of  either  Contracting  Party, 
while  such  Vessel  is  within  any  Port  in  the  Territory  of  the  other 
Party,  the  Authorities  of  such  Port  and  Territory  sahll  be  bound  to 
give  every  assistance  in  their  power  for  the  apprehension  of  such 
Deserters,  on  application  to  that  effect  being  made  by  the  Consul 
of  the  Party  concerned,  or  by  the  Deputy  or  Representative  of  the 
Consul;  and  no  public  body  shall  protect  or  harbor  such  Deserters. 

It  is  further  agreed  and  declared,  that  any  other  favor  or  facility 
with  respect  to  the  recovery  of  Deserters,  which  either  of  the  Con- 
tracting Parties  has  granted  or  may  hereafter  grant,  to  any  other 
State,  shall  be  considered  as  granted  also  to  the  other  Contracting 
party,  in  the  same  manner  as  if  such  favor  or  facility  had  been  ex- 
pressly stipulated  by  the  present  Treaty. 

Article  12.  It  shall  be  free  for  each  of  the  two  Contracting  part- 
ies to  appoint  Consuls  for  the  protection  of  trade,  to  reside  in  the 
Territories  of  the  other  Party;  but  before  any  Consul  shall  act  as 
such,  he  shall,  in  the  usual  form,  be  approved  and  admitted  by  the 
Government  to  which  he  is  sent;  and  either  of  the  Contracting  part- 1 
ies  may  except  from  the  residence  of  Consuls  such  particular  places 
as  either  of  them  may  judge  fit  to  be  excepted.  The  Diplomatic  Agents 
and  Consuls  of  the  Hawaiian  Islands,  in  the  Dominions  of  Her  Brit- 
annic Majesty  shall  enjoy  whatever  privileges,  exemptions  and  immu- 
nities, are  or  shall  be  granted  there  to  Agents  of  the  same  rank  be- 
longing to  the  most  favored  nation;  and  in  like  manner,  the  Diplo- 
matic Agents  and  Consuls  of  Her  Britannic  Majesty  in  the  Hawaiian 
Islands  shall  enjoy  whatever  privileges,  exemptions,  and  immunities 
are  or  may  be  granted  there  to  the  Diplomatic  Agents  and  Consuls  of 
the  same  rank  belonging  to  the  most  favored  Nation. 

Article  13.  For  the  better  security  of  commerce  between  the  Sub- 
jects of  Her  Britannic  Majesty  and  of  the  King  of  the.  Hawaiian 
Islands,  it  is  agreed  that  if,  at  any  time,  any  rupture,  or  any  inter- 
ruption of  friendly  intercourse  should  unfortunately  take  place  be- 
tween the  two  Contracting  Parties,  the  Subjects  of  either  of  the  two 
Contracting  Parties,  shall  be  allowed  a  year,  to  wind  up  their  ac- 
counts, and  dispose  of  their  property;  and  a  safe  conduct  shall  be 
given  them  to  embark  at  the  Port  which  they  shall  themselves  select. 
All  Subjects  of  either  of  the  two  Contracting  Parties  who  may  be  es- 


p 

tablisUed  in  tlie  Territories  of  the  other,  in  the  exercise  of  any 
trade  <*r  special  employment,  shall  iti  such  case  have  the  privilege  of 
remaining  and  continuing  such  trade  and  employment  therein,  with- 
out any  manner  of  interruption  in  full  enjoyment  of  their  liberty  and 
property  as  long  as  they  behave  peaceably,  and  commit  no  offence 
against  the  law.s;  and  their  goods  and  effects,  of  whatever  descrip- 
tion they  may, be,  .whether  in  their  own  custody,  or  entrusted  to  indi- 
vidual* or  to  the  State,  shal|  not  be  liable  to  seizure  or  sequestration, 
or  to  any  other  charges  (>r.  demands  than  those  which  may  be  made 
upon  the  like  effects  or  property  belonging  to  Native  Subjects.  In 
the  same  case,  debts  between  individuals,  public  funds,  and  the  shares 
of  companies,  shall  never  be.  confiscated,  sequestered,  or  detained. 

Jirticle  14.  The  subjects  of  Her  Britannic  Majesty,  residing  in  the 
Hawaiian  Islands  shall  not  be  disturbed,  persecuted,  or  annoyed  on 
account  of  their  religion,  but  they  shall  have  perfect  liberty  of  con- 
science therein,  and  shall  be  allowed  to  celebrate  Divine  Service,  ei- 
ther within  their  own  private  houses,  or  in  their  own  particular 
Churches  or  Chapels,  which-they  shall  be  at  liberty  to  build  and  main- 
tain in  convenient  places,  approved  of  by  the  Government  of  the  said 
Islands.  Liberty  shall  also  be  granted  to  them  to  bury  in  Burial  Pla- 
ce* which,  in  the  same  manner,  they  may  freely  establish  and  mam- 
tain,  such  Subjects  of  Her  Britannic  Majesty,  who  may  die  in  the  said 
Islands.  In  the  like  manner,  Hawaiian  Subjects  .shall  enjoy,  within 
the  Dominions  of  Her  Britannic  Majesty,  perfect  and  unrestrained  lib- 
ei'ty  of  conscience,  and  shall  be  allowed  to  exercise  their  religion  pub- 
licly or  privately,  within  their  own  dwelling  houses,  or  in  the  Chapels 
and  places  of  Worship  appointed  for  that  purpose  agreeably  to  the 
system  of  toleration  established  in  the  Dominions  of  Her  said  Majes- 
ty, 

•Article  15.  In  case  there  should  at  any  time  be  established  Brit- 
ish .Mail  Packets,  touching  at  a  Port  of  the  Sandwich  Islands,  a  British 
packet  Agent  shall  be  permitted  to  reside  at  such  port,  and  to  collect, 
on  account  of  the  British  Post  Office,  the  British  Sea  rate  of  Postage 
which  may  be  hereafter  fixed  for  the  conveyance  of  Letters  by  British 
Packets  from  the  Sandwich  Islands  to  any  other  place  to  which  those 
Packets  may  proceed. 

Such  British  Mails  Packets  shall  have  free  access-  to  the  Ports  of 
the 'Sand_wich  Islands,  and  shall  be  allowed  to  remain  to  refit,  to  re- 
fresh, to  land  passengers  and  their  baggage,  and  to  transact  any  bus- 
iness connected  with  the  public  Mail  Service  of  Great  Britain.  They 
shall  not  be  subject  in  sueh  ports  to  any  Duties  of  tonnage,  harbor, 
light-houses,  quarantine,  or  other  similar  duties,  of  whatever  nature 
or  under  whatever  denomination. 

Article  l(j.  If  any  ship  of  war  or  merchant  vessel,  of  either  of  the 
Contracting  Parties,  should  be  wrecked  on  the  coasts  of  the  other, 
such  ship  or  vessel,  or  any  parts  thereof,  and  all  furniture  and  appur- 
tenances belonging  thereunto,  and  all  goods  and  merchandise  which 
shall  be  saved  therefrom,  or  the  produce  thereof,  if  sold,  shall  be  faith- 
fully restored  to  the  proprietors  upon  being  claimed  by  them  or  by 


59 

their  duly  authorized  Agents;  and  if  there- are  rio  such  proprietors  or 
agents  on  the  spot,  then  the  said  goods  and  merchandise,  or  the  pro- 
ceeds thereof  ns  \vell  as  ail  the  papers  found  on  boartl  such,  wrecked 
ship  or  vessel,  shall  he  delivered  to  the  British  or  Hawaiian  Consul 
in  whose  district  the  wreck  may  Have  taken  place;  and  such  Consul, 
Proprietors,  or  agents  shall  pay  orily  the  expfenses  inetrrred  in  the 
preservation  of  the  Property,  together  with  the  rate  of  salvage  which 
would  have  been  payable  in  the  like  case  ot  a  wreck  of  .a  national 
vessel.  The  goods  and  merchandise  saved  from  the  .wreck  shall  not 
be  subject  to  duties,  unless  cleared  feu-  consumption. 

dfrfielf  17.  In  order  that  the  two  contracting  parties  may  have  the 
opportunity  of  hereafter  treating  and  agreeing  lipon  such  other  ar- 
rangements as- may  tend  still  further  to  the  improvement  of  their  mu- 
tual intercourse,  and  to  the  advancement  of  the  interest  of  their  re- 
spective Subjects,  it  is  agreed  that  at  any  time  after  the  expiration  of 
seven  years  from  the  date  of  the  exchange  of  the  Ratifications  of  the 
present  Treaty,  either  of  the  Contracting  parties  shall  have  the  right 
of  giving  to  the  other  Party  notice  of  its  intention  to  terminate  Arti- 
cles 4,  5  aud  6,  of  the  present  Treaty;  and  that  at  the  expiration  of 
twelve  months  after  such  notice  shall  have  been  received  by  Either 
party  from  the  other,  the  said  Articles,  aad  all  the  stipulations  con- 
tained therein,  shall  cease  to  be  binding  on  the  two  Contracting  Part- 
ies. 

Article  18.  The  present  Treaty  shall  be  ratified  and  the  Ratifica- 
tions shall  be  exchanged,  at  Honolulu,  HI  Ten  Months,  or  sooner,  if 
possible. 

In  witness  whereof,  the  respective  Plenipolentaries  have  signed'the 
same,  and  affixed  thereto  their  respective  Seals. 

Done  at  Honolulu,  this  tenth  day  of  July,  in  the   year  of  Our 
Lord  one  thousand  eight  hundred  and  fifty-one. 

(L.  s.)  ROBERT  CRICHTON  WYLLIE. 
IL.  s.)  WILLIAM  MILLER. 

And  whereas,  We  have  fully  examined  all  the  points  and  articles, 
thereof,  by  and  with  the  advice  of  Our  Privy  Council  of  State,  We 
have  confirmed  and  ratified  the  foregoing  Treaty,  and  We  do  confirm 
and  ratify  the  same,  in  the  most  effectual  manner,  promising  on  Our 
faith  and  word  as  King,  for  Us  and  Our  successors,  to  fulfil  and  ob- 
serve it  faithfully  and  scrupulously  in  all  its  clauses. 

in  faith  of  which  We  have  signed  this  Ratification  with  Our  own 
Hand,  and  have  affixed  thereto  the  great  Seal  of  Our  Kingdom. 

Given  at  Our  Palace  at  Honolulu  the  6th  day  of  May,  in  the  year 
of  Our  Lord  one  thousand  eight  hundred  and  fifty-two,  and  in  the 
twenty-seventh  of  Our  Reign. 

KAMEHAMEHA. 

KEONI  ANA.  (L-  S0 

By  the  King  and  Kuhina  Nui. 

R  C.  WYLLIE. 


60 

EXCHANGE  OF  RATIFICATIONS* 

Tlic  undersigued  having  iriet  together  for  the  purpose  of  exchan- 
ging the  Ratifications  of  a  Treaty  of  Friendship,  Commerce,  and 
Navigation,  be,t\yeen  Her  Majesty  the  Queen  of  the  United  Kingdom 
of  Great  Britain  and  Ireland,  and  His  Majesty  the  King  of  the  Ha- 
waiian Islands,  concluded  and  signed  at  Honolulu  on  the  10th  day  of 
July  1851 ;  and  the  respective  Ratifications  of  the  said  instrument 
having  been  carefully  compared,  and  found  to  be  exactly  conformable 
to  each  other,  the  said  exchange,  took  place  this  day  in  the  usual 
form. 

In  witness  whereof,  they  have  signed  the  present  certificate  of  Ex- 
change, and  have  affixed  thereto  their  respective  Seals. 

Done  at  Honolulu,  the  sixth  day  of  May,  1852. 
L.  s.)  ROBERT  CRICHTON  WILLIE. 
^.  s.)  WILUAM  MI  LEER. 


ROYAL    RATIFICATION 

OF  THE  TREATY  BETWEEN  THE  HAWAIIAN  KINGDOM  AND  THE  FRF.£ 
HANSEATJC   REPUBLIC  OF  BREMEN. 

KAMEHAMEHA  III.,  King  of  the  Hawaiian  Islands,  to  all  whom 
these  Presents  shall  come,  greeting  :  Whereas  a  Treaty  of 'Friend- 
ship, Commerce  and  Navigation  between  Us  and  the  Free  Hanseatic 
City  of  Bremen,  was  concluded  and  signed  at.  Honolulu,  on  the 
seventh  day  of  August,  one  thousand  eight  hundred  and  fifty-one,  by 
the  Plenipotentiary  of  Us,  and  the  specially  authorized  Consul  of  the 
suid  Free  Hanseatic  City  of  Bremen,  Vvhich  Treaty  is  word  for  word, 
as  follows:  % 

It  being  desirable  that  a  general  Convention  and  instrument  of 
mutual  agreement  should  exist  between  the  Hawaiian  Kingdom  'and 
the  Free  Hanseatic  City  of  Bremen,  the  following  Articles  haver,  [for 
that  purpose,  and  to  that  intent;  been  mutually  agreed  upon  and 
signed  between  the  Government  of  the  Hawaiian  Islands  and  that  of 
Bremen. 

Article  1.  There  shall  be  perpetual  peace  and  amity  between  His 
Majesty  the  King  of  the  Hawaiian  Islands,  his  Heirs  and  Successors., 
and  the  Free  Hanseatic  City  of  Bremen,  arid  those  who  may  succeed 
in  the  Government  thereof. 

Article  2.  The  citizens  of  Bremen  residing  within  the  dominions 
of  the  King  of  the  Hawaiian  Islands,  shall  enjoy  the  sa.me  protection 
in  regard  to  their  civil  rights,  as  well  as  to  their  persons  and  proper- 
ties, as  native  subjects;  and  the  King  of  the  Hawaiian  Islands  en- 
gages to  grant  to  the  citizens  of  Bremen,  the  -same  rights  and  privi- 
liges  which  now  are,  or  may  hereafter  be  granted  to,  or  enjoyed  by 
any  other  foreigners,  subjects  of  the^rpost  favored  nation. 

In  the  event  of  any  subject  of  either  of  the  two  contracting  part 
ies,  dying  without  Will  or  Testament,  in  the  Territories  of  "the  other 
contracting  party,  the  Consul  General,  Consul,  or  Acting  Crthsul  of 
the  State  to  which  the  deceased  may  belong,  shall,  so  far  as  the  laws 
of  each  country  will  permit,  take  charge  of  the  property  which  the 
deceased  may  have  left,  for  the  benefit  o,f  his  lawful  heirs  and  credi- 
tors-, until  an  Executor  or  Administrator  be  named,  according  to  the 
laws  of  the  country  in  which  the  death  shall  have  taken  place. 

Article  &.     The  protection  of  the   King  of  the  Hawaiian  .Islands 

shall   be  extended  to  all   Brenren  vessels,  their  officers  and  crews, 

within  the   Harbors   and   Roads  of  His  Dominions.     In  time  of  war 

they  shall  receive  all  possible  protection  against  the  enemies  of  Bre- 

9 


61 

nffeu.  In  case  of  shipwreck,  the  local  authorities  and  officers  of  the 
King,  shall  use  their  otrnost  exertions  to  succour  them  and  secure 
them  fi'oin  plunder.  The  salvage  dues  shall  be  settled  according  to  the 
general  law  of -salvage,  and,  in  case  of  dispute,  shall  be  regulated  by 
Arbitrators  chosen  by  both  parties,. 

Article  4.  The  desertion  of  seamen  belonging  to  Bremen  vessels 
shall  be  severely  repressed  by  the  local  authorities,  who  shall  empldy 
all  means  at  their  disposal,  to  arrest  and  confine  deserters,  and  the 
lawful' expenses  shall  be  defrayed  by  the  Captain  or  Owners.  In  such 
c'ases  no  unnecessary  severity  is  to  be  used,  and  due  notice  is  to  be 
immediately  given  to  the  Bremen  Consul,  agreeably  to  the  Vlth 
Article  of  this  Treaty. 

Article  5.  Bremen  citize'ns  shall  be  allowed  to  reside  or  settle  on 
any  part  of  the  Dominions  of  the  King  of  the  Hawaiian  Islands,  upon 
obtaining  a  document  certifying  that  they  are  worthy  persons,  from 
the  Brejneai  Consul*  whose  duty  k  is,  not  to  give  any  such  documents 
to  others  than  bona  fide  citizens  of  Bremen.  In  the  case  of  Bremen 
sailors  wishing  to  remain  on  the  Islands,  permission  shall  be  pre- 
viously obtained  of  the  Government  by  the  Bremen  Consfll. 

Article  6.  It  is  agreed  that  the  Bremen  Consul  shall  be  instructed 
to  zealously  attempt  to  settle  amicably,  and  extra-judicially,  all  diffi- 
culties arising  with  Bremen  citizens  ;  and  that  when  any  case  is 
brought  before  the  Court,  of  foreign  causes,  the  presiding  Judge  shall 
with  the  least  possible' delay,  communicate  knowledge  thereof  to  the 
Bremen  Consul,  also  that  wheH  Bremen  sailors  or  citizens,  are  com- 
mitted, in  consequnce  of  police,  or  other  offences,  information  shall  be 
conveyed  to  him  forthwith,  by  the  Prefect  or  other  officer  of  the  police. 

Article  7.  '  No  productions  of  Bremen,  or  any  other  got»ds  on  board 
of,  or  imported  in  Bremen  ships  that  can  be  .imported  by  other  foreign 
ships,  shall  be  prohibited,  nor  pay  more  than  those  duties  levied  on 
goods  of  the  most  flavored  nation.  Any  augmentation  in  the  rate  of 
duties  levied  on  goods,  shall  not  take  effect  nor  be  enforced,  until  eight 
calendar  months  after  the  first  public  notification  of  such  change. 
.  Article  8.  Bremen  merchandise  and  property,  or  goods  imported 
in  Bremen  ve'ssets,  liaWe  to  an  entrance  duly  higher  than  5  per  cent, 
ad  .valorem,  shall  be  allowed  to  be  bonded,  paying  only  the  usual 
transit  duty. 

Article  9.  All  Bremen  vessels  shall  have  the  right,  and  privilege, 
of  disposing  of  their  cargo.es,  or  any  part  thereof,  at  all,  or  any  of 
^he  Ports  of  the  Hawaiian  Dominions,  now.open,  or  that  may  here- 
after be  opened  to  foreign  commerce,  and  to  take  in  any  produce  of 
the  Hawaiian  Islands,  which  they  xnay  receive  in  payment  of  such 
cargoes. 

But  they  shall  not  be  ajlowed  to  take  any  goods  or  merchandise  or 
freight  tr.om  one  island  or  port  to  another,  such  coasting  trade  being 
restricted  to  bottoms  sailing  under  the  Hawaiian  flag. 

Article  lO.     The  subjects  of  His  Majesty- the  King  of  the  Hawaiian 


Islands,  shall  in  their  commercial   relations,  or  relations  of  any  other 
nature,  with  the  Free  Hanseatic  city  of  Bremen  and  her  dependencies 
be  treated  on  the  footing  of  the  most  favored  nation. 
Done  at  Honolulu,  this  seventh  day  of  August,  1851. 
(Signed)  R.  C.  WYLLIE, 

[L.S.]  Minister  of  Foreign  Relations. 

(Signed)  STEPHEN  REYNOLDS, 

[L.S.]  Under  Special  Authority, 

from  the  Senate  of  Bremen. 

•Additional  Article.  This  Treaty  shall  not  -be  permanently  binding 
till  it  receive  the  ratification  of  His  Majesty  the  King  of  fhe  Hawaiian 
Islands,  and  of  the  Sen-ate  oflhe  Free  Hanseatic  City  of  Bremen,  but 
in  the  mean  while,  for  the  sake  of  Breme'nVessels,  or,  citizens  arriving 
it  is  mutually  agreed  that  it  shall  take  effect  provisionally  from  tins 
date. 

Done  at  Honolulu,  this  seventh  day  of  August,  1851. 
(Signed)  STEPHEN  REYNOLDS. 

[L  s.]  Under  Specia)  Authority, 

from  the  Senate- of  Bremen. 
(Signed)  R.  C.  WYLLIE, 

[L.S.]  Minister  of  Foreign  Relations. 

And  whereas,  We  have  fully  examined' all  the' points  and  Articles 
thereof,  by  and  with  the  advice  of  Our  Privy  Council  of  State,  We 
have  confirmed  and  ratified  the  foregoing  Treaty,  and  We  do  confirm 
and  ratify  the  same  in  the  most  effectual  manner,  promising  on  our 
faith  and  word  as  King,  for  Us  and  Our  successors  to  fulfil  and  observe 
it  faithfully  and  scrupulously,  in  all  its  clauses. 

In  faith  of  which  We  have  signed  this  Ratification  with  Oar  own 
hand,  and  have  affixed  thereto  the  Great  Seal  of  Our  Kingdom,. 

Given    at  Our  Palace,   at  Honolulu,   this -twenty 
seventh  day  of  March,  in  the  year  of  Our  Lord  one 
[Seal  of  State]  thousand  eight  hundred  and   fifty-four;   and   in   the 
twenty-ninth  year  of  Our  R.eign. 

(Signed.)  KAMEHAMEHA. 

(Signed)  KEONI  ANA. 

Countersigned  by  the  KING  ANp- KUHINA*  Nui. 

R.  C.  WYLLIE, 

Minister  'of  Foreign  Relations. 


TREATY 

WITH  THE  KINGDOMS  OF  SWEDEN  AND  NORWAY. 
WE,  KAMEHAMEHA  IT,  b>  the  Grace  of  God,  King 
of'the  Hawaiian  Islands,  make  known 

That  His  late  Majesty  King  Kamehameha  III,  having  authorized  a 
treaty  of  friendship,  commerce  and  navigation,  with  an  additional 
article  thereto  annexed,  between  the  Hawaiian  Kingdom,  and  the 
Kingdoms  of  Sweden  and  Norway,  which  was  concluded,  signed  and 
sealed  on  the  first  of  July,  1852,  by  our  respective  plenipotentiaries, 
viz.  :  On  His  behalf,  Robert  Crichton  Wyllie,  Esquire,  His  Minister 
of  Foreign  Relations,  His  Secretary  at  War,  and  of  the  Navy,  Mem- 
ber, of  His  Privy  Council  of  State,  Member  of  the  House  of  Nobles 
and  Chairman  of  the  Commissioners  of  His  Privy  Purse,  and  on 
behalf  of  His  Majesty  Oscar,  King  of  Sweden  and  Norway,  of  the 
Goths  and  Vandals,  Monsieur  Christian  Adolphe  Virgin,  His 
Majesty's  Chamberlain,  Post  Captain  in  His  Majesty-'s  Navy,  Knight 
of  the  order  of  the  Sword,  and  of  the  order  of  St.  Stanislaus  of  Russia, 
of  the  second  Class,  which  treaty  and  its  additional  article  are  word 
for  word  as  follows  : 

It  being  of  great  advantage  to  establish  relations  of  friendship  and  com- 
merce between  the  Kingdoms  of  His  Majesty  the  King  of  Sweden  and 
Nrrway  and  the  Kingdom  of  His  Majesty  the  King  of  the  Hawaiian 
Islands,  the  undersigned,  having  exchanged  their  powers,  mutually 
admitted  as  sufficient,  have  agreed,  on  the  part  of  their  respective 
sovereigns,  to  conclude  a  treaty  of  Friendship,  Commerce  and  A'ariga- 
gation,  as  follows  : 

Article  1.  Theje  shall  be  perpetual  friendship  between  His  Majesty 
the  King 'of  the  United  Kindoms  of  Sweden  and  Norway,  His  Heirs 
and  Successors,  -and  the  King  of  the  Hawaiian  Islands,  His  Heirs 
and  Successors,  and  between  their  respective  subjects. 

Article-  2.  There  shall  be  between  all  the  dominions  of  His  Swedish 
and  Norwegian  Majesty,  and  the  Hawaiian  Islands,  a  reciprocal  free- 
dom of  commerce.  The  subjects  of  each  of  the  two  contracting 
parties,  respectively,  shall  have  liberty  freely  and  securely  to  come 
with  their  ships  a.nd  cargoes,  to  'all  places,  ports  and  rivers,  in  the 
territories  of  the  other,  where  trade  with  other  nations  is  permitted. 
They  may  remain  and  reside  in  any  part  of  the  said  territories, 
respectively,  and  hire  and  occupy  houses  and  warehouses,  and  may 
trade,  by  wholesale  or  retail,  in  all  kinds  of  produce,  manufactures 


6.5 

and  merchandise  of  lawful  commerce,  enjoying  the  same  exemptions 
and  privileges  as  native  subjects,  and  subject  always  to  the  same  laws, 
and  established  customs,  as  native  subjects. 

In  like  manner  the  ships  of  war  of  each  contracting  party;  respec- 
tively, shall  have  liberty  to  enter  into  all  harbors,  rivers,  and  places, 
within  the  territories  of  the  other,  to  which  the  ships  of  war  of  other 
nations  are  or  may  be  permitted  to  come,  to  anchor  there,  and  to 
remain  and  refit,  subject  always  to  the  laws  and  regulations  of  the 
two  countries  respectively. 

The  stipulations  of  this  article  do  not  apply  to  the  coasting  trade, 
which  each  contracting  party  reserves  to"  itself  respectively,  and  shall 
regulate  according  to  its  own.  laws. 

Article  3.  The  two  contracting  parties  hereby  agree,  that  any 
favor,  privilege,  or  immunity  whatever,  in  matters  of  commerce, or 
navigation,  which  either  contracting  party  has  actually  granted,  or 
may  hereafter  grant,  to  (he  subjects  or  citizens  of  any  other  state, 
shall  be  extended  to"  the  subjects- or  citizens  of  the  other  contracting 
party,  gratuitously,  if  the  concession  in  favor  of  that  other  state  shall 
have  been  gratuitous,  or  in  return  for  a  compensation  as  nearly  as 
possible  of  proportionate  value  and  effect,  to  be  adjusted  by  mutual 
agreement,  if  the  concession  shall  have  been  conditional. 

Article  4.  No  other  or  higher  duties  shall  be  imposed  on  the  im- 
portation into  the  dominions  of  His  Swedish  and  Norwegian  Majesty, 
of  any  article,  the  growth,  produce,  or  manufacture  of  the  Hawaiian 
Islands  ;  and  no  other  or  higher  duties  shall  be  imposed  on  the  im- 
portation into  the  Hawaiin  Islands  of-any  article  the  growth,  produce, 
or  manufacture  of  His  Swedish  and  Norwegian  Majesty's  dominions, 
than  are  or  shall  be  payable  on  the  like  article,  being  the  growth, 
produce  or  manufacture  of  any  other  foreign  country. 

Nor  shall  any  other  or  higher  duties  or  charges  be  imposed  in  the 
territories  of  either  of  the  contracting  parties  on  the  exportation  ^>f 
any  article  to  the  territories  of  the  other,  than  such  as  are,  qr  may  be 
payable,  on  the  exportation  of  the  like  article  to  any  other  foreign 
country.  No  prohibition  shall  be  imposed  upon  the  importation  of  any 
article,  the  growth,  produce  or  manufacture  of  the  territories  of  either 
of  the  two  contracting  parties,  into  the- territories  of  the  other,  which 
shall  not  equally  extend  to  the  importation  of  the  like  articles,  beipg 
the  growth,  produce  or  manufacture  of  any  other  country.  Nor  "shall 
any  prohibition  be  imposed  on  the  exportation  of  any  article,  from  the 
territories  of  either  of  the  two  contracting  parties  to  the  territories  ot 
the  other,  which  shall  not  equally  extend  to  the  exportation  of  the  like 
articles  to  the  territories  of  all  other  nations. 

Article  5.  No  other,  or  higher  duties  or  charges  on  account  of 
tonnage,  light,  or  harbor  dues,  pilotage,  quarantine,  salvage  in  case 
of  damage  or  shipwreck,  or  any  other  local  charges  shall  be  imposed 
in  any  of  the  ports  of  the  Hawaiian  Islands  on  Swedish  and. Norwe- 
gian vessels,  than  those  payable  in  the  same  ports  by  Hawaiian  ves- 
sels, nor  in  the  ports  of  His  Swedish  and  Norwegian  Majesty'" 


36 

territories,  on  Hawaiian  vessels,  than  shall  be  payable  in  the  same 
ports  on  Swedish  and  Norwegiajn  vessels. 

Article  6.  The  same  duties  shall  be  paid  on  the  importation  of  any 
article  which  is  or  may  be^  legally  importable  into  the  Hawaiian 
Islands,,  whether  such  importation-shall  be  in  Hawaiian  or  in  Swedish 
and  Norwegian  vessels  ;  and  the  same  duties  shall  be  paid  on  the 
importation  of  any  article  which  is  or  may  be  legally  importable  into 
the  dominions  of  His  Swedish  and  Norwegian  Majesty,  whether  such  im- 
portations shall  be  in  Swedish  and  Norwegian,  or  in  Hawaiian  vessels. 
The  same  duties  shall  be  paid,  and  the  same  bounties  and  drawbacks 
allowed,  on  the  exportation  of. any  article  which  is  or  may  be  export- 
able from  the  Hawaiian  Islands  whether  such  exportation  shall  be  in 
Hawaiian  or  in  Swedish  and  Norwegian  Vessels  ;  and  the  same  duties 
shall  be  paid,  and  the  same  bounties  and  drawbacks  allowed,  on  the 
exportation  of  any  article  which  is  or  may  be  legally  exportable  from 
His*  Swedish  and  Norwegian  Majesty's  Dominions,  whether  such 
exportation '  sh.all  be  in  Swedish  and  Norwegian,  or  in  Hawaiian 
vessels. 

Article  7,  Swedish  and  Norwegian  wlfale  ships  shall  have  access 
to  the  ports  of  Hilo,  Kealakekua  and  Hanalei  in  the  Sandwich  Elands, 
for  the  purpose  of  refitment  and  refreshment,  as  well  as  to  the  ports 
of  Honolulu  and  Lahaina,  which  two  last  mentioned  potts  only  are 
ports  of  entry  for  all  merchant  vessels  ;  and  in  all  the  above  named 
ports  they  shall  be  permitted  to  trade  or  barter  their  supplies,  or 
goods,  excepting  spirituous  liquors,  to  the  amount  of  two  hundred 
dollars  ad  valorem,  for  each  vessel,  without  paying  any  charge  for 
tonnage  or  for  harbor  dues  of  any  descriptionj  or  any  duties  or  im- 
posts whatever  upon  the  goods  or  articles  so  traded  Or  bartered.  They 
shall  also  be  permitted  with  the  lil^e  exemption  from  all  charges  for 
tonnage  and  harbor  dues,  further  to  trade  or  barter  with  the  same  ex- 
ception as  to  spirituous  liquors,  to  the  additional  amount  of  one  thou- 
sand dollars  ad  valorem,  for  each  vessel,  paying  upon  the  additional 
goods  and  articles  so  traded  and  bartered  no  other  or  higher  duties 
than  are  payable  on  like  goods  and  articles  when  imported  in  national 
vessels  and  by  native  subjects.  They  shall  also  be  permitted  to  pass 
from  port,  to  port  of  the  Sandwich  Islands  for  the  purpose  of  procuring 
refreshments,  but  they  shall  not  discharge  their  seamen,  or  land  their 
passengers  in  the  said  Islands,  except  at  Honolulu  and  Lahaina,  and 
in  all  the  ports  named  in  this  article,  Swedish  and  Norwegian  whale 
ships  shall  enjoy  in  all  respects  'whatsoever  all  the  rights,  privileges 
and  immunities  which  are  or  may  be  enjoyed  by  national  whale  ships, 
or  by  whale  ships  of  the  most  favoured  nation. 

The  like  privilege  of  frequenting  the  three  ports  of  the  Sandwich 
Inlands  named  in  this  article,  which  are  not  ports  of  entry  for  mer- 
chant vessels,  is  also  granted  to  all  the  public  armed  vessels  of  Sweden 
and  Norway.  But  nothing  in  this  article  shall  be  construed  as  author- 
izing any  Swedish  or  Norwegian  vessel  having  on  board  any  disease 
-usually  regarded  as  requiring  quarantine,  to  enter  during  the  contin- 


67 

ustnce  of  any  such  disease  onboard,  any  ports  of  the  Sandwich  Islands 
other  than  Honolulu  or,  Lahaiua. 

vlrticlt  8.  AU  merchants,  commanders  of  ships  and  others,  the 
subjects  of  His  Swedish  and  Norwegian  Majesty,  shall  have  full  liberty 
in  tiie  Hawaiian  islands,  t<x  manage  .their  own  affairs  themselves  or  to 
commit  them  to  the  management  of  whomsoever  they  please,  as*  broker, 
factor,  agent  or  interpreter  ;  nor  shall  they  b'e  obliged  to  employ  any 
other  persons  than  those  employed  by  Hawaiian  subjects,  nor  to  pay 
to  such  persons  as  they  shall  think  fit  to  employ,  any  higher  salary  or 
remuneration  than  such  as  is  paid  in  lik^  cases  by  Hawaiian  subjects. 
Swedish  and  Norwegian  subjects  in  the  Hawaiian  Islands,  shall  be  at 
liberty  to  buy  from  and  to  sell  to  whom  they  like,  without  being  re- 
strained or  prejudiced  by  any  monopoly,  contract  or  exclusive  privi- 
lege of  sale  or  purchase  whatever  ;  and  absolute  freedom  shall  be 
allowed  in  all  cases  to  the  buyer  and  seller,  to  bargain  and  fix  for  the 
price  of  any  goods,  wares  or  merchandise,  imported  into  or  exported 
from  the  Hawiian  Islands,  as  they  shall  see  good  :  observing  the 
laws  and  established  customs  of  those  Islands.  The  same  privileges 
shall  be  enjoyed  in  the  .dominions  of  His  Swedish  and  Norwegian 
Majesty,  by  Hawaiian  subjects  under  the  sa'me  conditions. 

The  subjects  of  either  of  the  contracting  parties  in  the  territories  o.f 
the  other  shall  receive  and  enpy  full  and  perfect  protection  for  their 
persons  and  property,  and  shall  have,  free-  and  open  access  to  the 
courts  of  justice  in  the  said  countries,  respectively,  for  the  prosecution 
and  defense  of  their  just  rights,  and  they  shalj  be  at  liberty  to  employ, 
in  all  cases,  the  advocates,  attorneys,  or  agents  of  whatsoever  des- 
cription, whom  they  may  think  proper. ;  and  they  shall  enjoy  in  this 
respect  the  same  rights  and  privileges  as  native  subjects. 

Jlrticle  9.  In  whatever  relates  to  the  police  of  the'ports,  the  lading 
and  unlading  of  ships,  the  warehousing  and  safety  of  merchandise, 
goods  and  effects,  the  succession  to  personal  estates  hy  will  or  other- 
wise, and  the  disposal  of  personal  properties  of  every  sort  and  denom- 
ination by  sale,  donation,  exchange  or  testament,  or  in  any  other 
manner  whatsoever,  as  also  with  regard  to  the  administration  of  justice, 
the  subjects  of  each  contracting  party  shall  enjoy  in  the  territories  of 
the  other,  the- same  privileges,"  liberties  and  rights  as  native  subjects, 
and  they  shall  not  be  charged  in  any  of  these  respects,  with  any  other 
or  higher  imposts  or  duties,  than  those  which  are  or  may  be.  paid  by 
native  subjects,  subject  always  to  the-  local  laws  and  regulations  of 
such  territories. 

In  the  event  of  any  subject  of  either  of  the  two  contracting  parties 
dying  without  will  or  testament,  in  the  territories  of  the  other  con- 
tracting party,  the  Consul  General,  Consul  or  acting  Consul  of  the 
nation  to  which  the  deceased  may  belong,  shall  so  far  as  the  laws  of 
each  country  will  permit,  take  charge  of  the  property  which  the 
deceased  may  have  left  for  the  benefit  of  his  lawful  heirs  and  creditors, 
until  an  executor  or  administrator  be  named  according  to  the  laws  of 
country  in  which  the  death  shall  have  taken  place. 


68 

Article  10.  The  subjects  of  His  Swedish  and  Norwegian  Majesty 
residing  in  the  Hawaiian  Islands,  and  Hawaiian  subjects  residing  in 
the  dominions  of  His  Swedish  and  Norwegian  Majesty  shall  be 
exempted  from  all  compulsory  military  service  whatever,  whether  by 
sea  or  by  land,  and  from  all  forced  loans,  or  military  exactions  or 
requisitions,  and  they  shall  not  be  compelled  under  any  pretext  what- 
soever to  pay  any  ordinary  charges,  requisitions  or  taxes,  other  or 
higher  than  those  that  are  or  may  be  paid  by  native  subjects. 

Article  11.  It  is  agreed  and  covenanted  that  neither  ot  the  t  vo 
contracting  parties  shall  knowingly  receive  into,  or  retain  in  its  service 
any  subjects  of  the  other  party  who  have  deserted  from  the  naval  mil- 
itary service  of  that  other  party,  but  that  on  the  contrary,  each  of  the 
eontr.acting  parties  shall,  respectively,  discharge  from  its  service  any 
such  deserters  upon  being  required  by  the  other  party  so  to  do. 

And  it  is  further  agreed  that  if  any  of  the  crew  shall  desert  from 
a  vessel  of  war,  or  merchant  vessel  of  either  contracting  party,  while 
§uch  vessel  is  within  any  port  in  the  territory  of  the  other  party,  the 
authorities  of  such  port  and  territory  shall  be  bound  to  give  every 
assistance  in  their  power  for  the  apprehension  of  such  deserters,  on 
application  to  that  effect,  b'eing  made  by  the  consul. of  the  party  con- 
cerned, or  by  the  deputy  or  representative  of  the  consul,  and  no 
public  body  shall  protect  or  harbor  such  deserters. 

It  is  further  agreed  and  declared  that  any  other  favor  or  facility 
with  respect  to  the  recovery  of  deserters  which  either  of  the  contract- 
ing parties  has  granted  or  may  hereafer  grant,  to  any  other  state, 
shall  be  considered  as  granted  also  to  the  other  contracting  party,  in 
the  same  manner  as  if  such  favor  or  facility  had  been  expressly  stipu- 
lated by  the  present  treaty. 

Article  12.  It  shall  be  free  for  each  of  the  two  contracting  parties 
to  appoint  consuls  for  the  protection  of  trade  to  reside  in  the  territories 
of  the  other  party,  but,  before  any  consul  shall  act  as  such,  he  shall 
in  the  usual  ,form  be  approved  and  admitted  by  the  government  to 
which  he  is  sent  ;  and  either  of  the  contracting  parties  may  except 
from  the  residence  ef  consul:-,  such  particular  places  as  either  of  them 
may  judge  fit  to  be  excepted.  The  diplomatic  agents  and  consuls  of 
the  Hawaiian  Islands  in  the  dominions  of  His  Swedish  and  Norwegian 
Majesty  shall  enjoy  whatever  privileges,  exemptions,  and  immunities  are 
pr  shall  be  granted  there  to  agents  of  the  same  rank  belonging  to  the 
most  favored  nation  ;  and  in  like  manner  the  diplomatic  agents  and 
consuls  of  His  Swedish  and  Norwegian  Majesty  in  the  Hawaiian 
Islands,  shall  enjoy  whatever  privileges,  exemptions  or  immunities  are 
or  may  be  granted  there  to  the  diplomatic  agents  and  consuls  of  the 
same  rank  belonging  to  the  most  favored  nation. 

Article  13.  For  the  better  security  of  commerce  between  the  sub- 
jects of  His  Swedish  and  and  Norwegian  Majesty  and  of  the  King  of 
the  Hawaiian  Islands,  it  is  agreed,  that  if  at  any  time,  any  rupture  or 
interruption  of  friendly  intercourse  should  unfortunately  take  place 
between  the  two  contracting  parties,  the  subjects  of  either  of  the  two 


contracting  parties,  shall  be  allowed  a  year  to  wind  up 'their  accounts 
and  dispose  of  their  property,  and  a  sale  conduct  shall  be  given  them 
to  embark  at  the  port  which  they  shall  themselves  select.  All  subjects 
of  either  of  the  two  contracting  parlies  who  may  be  established  in  the 
territories  of  the  other  in  the  exercise  of  any  trade  or  special  employ- 
ment shall  in  such  case  have  the  privilege  of  remaining  and  continuing 
such  trade  and  employment  therein,  without  any  manner  of  interrup- 
tion, in  full  enjovment  of  their  liberty  and  property,  as  long  as  they 
behave  peaceably  and  commit  no  offense  against  the  laws  ;  and  their 
goods  and  effects,  of  whatever  description  they  may  be,  whether  in 
thoir  own  custody  or  entrusted  to  individuals  or  to  the  state  shall 
not  be  liable  to  seizure  or  sequestration,  or  to  any  other  charges  or 
demands  than  those  which  may  be  made  upon  the  like  effects  or  pro- 
perty belonging  Jo  native  subjects.  In  the  same  case  debts  between 
individuals,  public  funds,  and  the  shares  of  companies  shall  never  Jbe^ 
confiscated,  sequestered  or  detained. 

Article  14.  The  subjects  of  His  Swedish  and  Norwegian  Majesty 
residing  in  the  Hawaiian  Islands,  shall  not  be  disturbed,  persecuted 
or  annoyed  on  account  of  their  religion,  but  they  shall  have  perfect 
liberty  of  conscience  therein,  and  shall  be  allowed  to  celebrate  Divine 
service  either  within  their  own  private  houses  or  in  their  own  particu- 
lar churches  or  chapels,  which  they  s|>all  be  at  liberty  to  build  and 
maintain  in  convenient  places,  approved  of  by  the  government  of  the 
said  Islands.  Liberty  shall  also  be  granted  to  them  to  bury  in  burial 
places,  which  in  the  same  manner  they  may  freely  establish  and  main- 
tain, such  subjects  of  His  Swedish  and  Norwegian  iMajesty,  who  may 
die  in  the  said  Islands.  In  like  manner  Hawaiian  subjects  shall  enjoy 
within  the  dominions  of  His  Swedish  and  Norwegian  Majesty  perfect 
and  unrestrained  liberty  of  conscience,  and  shall  be  allowed  to  exer- 
cise their  religion  publicly  or  privately,  Vithin  their  own  dwelling 
houses,  or  in  the  chapels  or  places  of  worship  appointed  for  that  pur- 
pose agreeably  to  the  system  of  toleration  established  in  the  dominions 
of  His  said  Majesty. 

Article  15.  All  vessels  bearing  the  flag  of  Sweden  or  of  Norway 
in  time  of  war  shall  receive  e,very  possible  protection,  short  of  actual 
hostility,  within  the  ports  and  walers-of  His  Majesty  the  King  of  the 
Hawaiian  Islands  ;  and  His  Majesty  the  King  ot  Sweden  and  Norway 
engages  to  respect  in  time  of  war  the  neutral  rights  of  the  Hawaiian 
Kingdom  and  to  use  his  »ood  offices  with  all  other  powers,  having 
treaties  with  His  Majesty  the  King  of  the  Hawaiian  Islands,  to  induce 
them  to  adopt  the  same  policy  -towards  the  Hawaiian  Kingdom. 

Article  16.  If  any  ships  of  war  or  merchant  vessel,  of  either  of 
the  contracting  parties  should  be  wrecked,  on  the  coasts  of  the  other, 
such  ship 'or  vessel  or  any  parts  thereof,  and  furniture  and  appurte- 
nance belonging  thereunto,  and  all-goods  and  merchandise  which  shall 
be  saved  therefrom,  or  the  produce  thereof,  if  sold,  shall  be  faithfully 
restored  to  the  proprietors  upon  being  claimed  by  them,  or  by  their 
duly  authorized  agents,  and  if  there  are  no  such  proprietor  or  agents 
10 


70 

on  the  spot,  then  the  said  goods  or  merchandise,  or  the  proceeds 
thereof,  as  well  as  ail  the  papers  found  on  board  such  wrecked  ship 
or  vessel  shall  be  delivered  to  the  Swedish  and  Norwegian  or  Hawaii- 
an consul  in  whose  district  the  wreck  may  have  taken  place,  and 
such  consul,  proprietors  or  agents  shall  pay  only  the  expenses  incur- 
red in  the  preservation  of  the  property,  together  with  the  rate  of  salv- 
age which  would  have  been  payable'  in  the  like  case  of  a  wreck  of  a 
national  vessel.  The  goods  and  merchandise  saved  from  the  wreck 
shall  not  be  subject  to  duties,  unless  cleared  for  consumption. 

•Article  17.  In  order  that  the  two  contracting  parties  may  have  the 
opportunity  of  hereafter  treating  and  agreeing  upon  such  other 
arrangements  as  may  tend  still  further  to  the  improvement  of  (heir 
mutual  intercourse,  and  to  the  advancement  of  the  interests  of  their 
respective  subjects,  it  is  agreed  that  at  any  time  after  the  expiration 
of  seven  years  from  the  date  of  the  exchange  of  the  ratifications  of  the 
present  treaty,  either  of  the  contracting  parties  shall  have  the  right  of 
giving1  the  other  party  notice  of  its  intention  to  terminate  articles  4,  5 
and  6  of  the  present  treaty  ;  and  that  at  the  expiration  of  18  months 
after  such  notice  shall  have  been  received  by  either  party  from  the 
other,  the  said  articles,  and  all  the  stipulations  contained  therein  shall 
cease  to  be  binding  on  the  two  contracting  parties. 

Article  18.  The  present  treaty  shall  be  ratified  and  the  ratifications 
shall  be  exchanged  at  Honolulu  in  eighteen  months,  or  sooner,  if 
possible. 

In  witness  whereof  the  respective  plenipotentiaries  have  signed  the 
same,  and  affixed  thereto  their  respective  seals. 

Done  at  Honolulu  this  first  day  of  July,  in  the  year  of  Our  Lord  one 
thousand  eight  hundred  and  fifty-two. 

Signed,  R  C.  WYLLTE,  Signed,  C.  A.  YIRGIN. 

Hr.  H.  M.'g  Minister  of  Foreign  Relations,  Chamberlain  to  His  M.  the  King  of  Swe- 
Member  of  His  Privy  Council  of  State  den  and  Noi-way,  Post  Captain  in  the  R. 
and  of  His  House  of  Nobles.  Swedish  Navy,  Knight  of  the  Royal 

[L.  S.]  order  of  the  Sword  and  of  the  Imperial 

Russian  order  of  St.  Stanislaus. 

[L.  S.] 
ADDITIONAL    ARTICLE. 

This  treaty  shall  not  be  considered  as  permanently  binding  until  the 
ratifications  have  been  exchanged  as  provided  for  in  article  eighteen, 
but  it  has  been  agreed  that  from  this  date,  all  the  benefits  under  it 
shall  be  extended  to  all  the  subjects  of  His  Swedish  and  Norwegian 
Majesty,  their  commerce  and  navigation. 

Done  at  Honolulu  this  first  day  of  July,  in  the  year  of  Our  Lord  one 
thousand  eight  hundred  and  fifty-two. 

Signed,         R.  C.  WYLLIE,  Signed,         C.  A.  VIRGIN. 

'  '[L-  S-]  '  [L.  S.] 

And  whereas,  We,  Kamehameha  IV.,  have  fully  examined  all  the 
points  and  articles  thereof,  by  and  with  the  advice  of  Our  Privy  Coun- 
cil of  State,  We  have  confirmed  arid  ratified  the  foregoing  Treaty,  and 


71 

We  do  confirm  and  ratify  the  same  in  the  most  effectual  manner, 
promising,  on  Our  faith  and  word,  as  King,  for  Us  and  Our  successors, 
to  fulfil  and  observe  it  faithfully  and  scrupulously,  in  all  its  clauses. 

In  faith  of  which,  We  have  signed  this  Ratification  with  Our  hand, 
and  have  affixed  thereto  the  Great  Seal  of  Our  Kingdom. 

Done  at  Qur  Palace  of  Honolulu,  this  fifth  day  of  April,  in  the  year 
of  Our  Lord,  1855,  and  the  first  of  Our  reign. 

[L.  S.]     KAMEHAMEHA. 

VICTORIA  K.  KAAHUMANU. 

By  the  King  and  Kuhina  Nui. 

R.  C.  WYLLIE, 
Minister  of  Foreign  Relations. 


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